Mining Regulations 1981 - legislation.wa.gov.au

As at 04 Apr 2006 Version 05-h0-04 Extract from www.slp.wa.gov.au, see that website for further information

Western Australia

Mining Regulations 1981

As at 04 Apr 2006 Version 05-h0-04 page i Extract from www.slp.wa.gov.au, see that website for further information

Western Australia


CONTENTS

Part I — Preliminary

1. Citation and commencement 1 2. Interpretation 1

Part II — Miner’s Rights

3. Form of Miner’s Rights 3 4. Quantity of samples or specimens 3

Part IIA — Permits under section 20A

4A. Interpretation 4 4B. Prescribed office — section 20A(1) 4 4C. Prescribed depth — section 20A(6)(b) 4 4D. Application for permit 5 4E. Area of land to which permit applies 5 4F. Permit conditions 5 4G. Notice of issue of permit 6 4H. Statement by holder of exploration licence 6 4I. Commencement of operation of permit 7 4J. Expiry of permit 7 4K. Surrender of permit 8 4L. Powers available to Minister where breach of

condition, etc. 8 4M. Right of permit holder to make submissions 9 4N. Prospecting report on recovered minerals 9 4O. Prohibition of use of certain hand tools 10 4P. Application of regulations 98 and 99 10


Contents

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Part III — Mining on private land

5. Application for permit to enter private land 11 6. Form of permit to enter 11 7. Notice of application relating to private land 11 8. Application to bring private land under the Act 12 9. Right of way on private land 12 10. Consents under section 29 12 10A. Compensation 12

Part IV — Mining tenements

Division 1 — Prospecting licences 11. Marking out and application 14 13. Instrument of licence 14 13A. Programme of work for ground disturbing equipment 14 14. Limit on amount of earth, etc., that may be removed 14 15. Expenditure condition 15 16. Reports to be filed 16 16A. Grounds for extension under section 45(1a) 17 16B. Application for extension of prospecting licence 18 16C. Application for retention status 18 16D. Marking out of land that has retention status 19 16E. Application for special prospecting licence 19

Division 2 — Exploration licences 17. Application 20 19. Instrument of licence 20 20. Limit on amount of earth, etc., that may be removed 20 21. Expenditure condition 20 21A. Programme of work for ground disturbing equipment 24 22. Reports to be filed 24 22A. Grounds for deferral under section 65(3b) 24 22B. Application for deferral 25 23. Endorsement of plans upon surrender 26 23AA. Refund of rent following unsuccessful application

under section 65(1a) 26 23AB. Prescribed circumstances under section 61(2)(a) 27 23A. Extension of exploration licence 28 23BA. Application for retention status 28 23BB. Application for special prospecting licence 29

Division 2A — Retention licences


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23B. Application and marking out 30 23D. Instrument of licence 30 23DA. Programme of work for ground disturbing equipment 30 23E. Reports to be lodged 30 23F. Application for renewal 31 23G. Limit on amount of earth, etc., that may be removed 32

Division 3 — Mining leases 24. Marking out and application 32 25. Guidelines under Part IV Division 3 of the Act 32 25A. Marking out after grant of lease 33 25B. Fees for copies of certain documents 33 25C. Qualified persons — section 74 33 26. Instrument of lease 33 27. Covenants 33 28. Additional condition 34 28A. Additional rent for mining lease producing iron ore 34 29. Application for renewal 35 30. Notice required by section 56A(8), 70(6) or 85B(3) 36 31. Expenditure condition 36 31A. Programme of work for ground disturbing equipment 37 32. Reports to be filed 37 32A. Condition under section 82A 38

Division 4 — General purpose leases 33. Marking out and application 39 35. Instrument of lease 39 36. Covenants and conditions 39 36A. Application for renewal 40

Division 5 — Miscellaneous licences 37. Marking out and application 40 38. Shape of licence 41 41. Covenants and conditions 41 42. Instrument of licence 42 42A. Application for renewal 42 42B. Prescribed purposes for grant of miscellaneous licence 43

Division 6 — Surrenders and forfeitures 43. Surrender of tenement 44 44. Shape of tenement after partial surrender 44 45. Marking out etc., required for partial surrender 45


Contents

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46. Partial surrender to be endorsed on instrument of

lease/licence 46 47. Consent of mortgagee to surrender 46 47A. Refund where conditional surrender of mining lease or

general purpose lease 46 48. Plaint for forfeiture 47 49. Forfeiture for non-payment of rent, etc. 47 50. Notice to holder of mining tenement of intended

forfeiture 48 51. Application for restoration of tenement 49 51A. Notice of application for restoration 49 51B. Objection to application 49 52. Reduced expenditure where forfeiture plaint lodged 50 53. Notice to mortgagee 50

Division 7 — Exemptions 54. Application for certificate of exemption 50 55. Objection to application for exemption 51 56. Evidence in support of application and objection 51 58. Certificate of exemption 52 58A. Aggregate exploration expenditure 52

Part V — General regulations

Division 1 — Marking out mining tenements 59. Manner of marking out a tenement 53 60. Stones used to support posts 54 61. Marking out surveyed land 54 62. Surplus land may be applied for by others 54 63. Land marked out but not applied for 55 63A. Requirement for marking out following grant of

reversion licence 55

Division 2 — Applications and objections 64. Application for mining tenement 55 64A. Notice of application for prospecting licence,

exploration licence, retention licence or mining lease 57 64B. Notice of application for mining tenement — pastoral

lessee or other leaseholder 58 64C. Copy of application for miscellaneous licence 58 65. Number of shares to be stated on application 58 66. Description of boundaries 58 67. Objection against application 59


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68. Warden may obtain report 59 69. Withdrawal of applications 59 69A. GST to be paid at time of grant of application 60 70. Refund of rent on withdrawal or refusal of application 60 70A. Amalgamation of secondary tenement 61 70B. Agreement as to priority 61 70C. Refund where licence substituted or lease refused 62 70D. Refund when retention licence granted or refused 62 70E. Partial refund of application fee in certain

circumstances 63

Division 3 — Boundary marks 71. Boundary marks to be maintained 63 72. No liability for mining if boundary marks not

maintained 63 73. Holder to identify boundaries 64 74. False documents/notices not to be posted 64

Division 3A — Fossicking 74A. Means of fossicking 64

Division 4 — Transfers, caveats, mortgages 75. Transfer of tenement 64 76. Lodgment of caveats 65 76A. Withdrawal of caveats 66 76B. Notification of registration of surrender 66 77. Mortgage 66 79. Covenants included in mortgage 66 80. Mortgagee’s expenses may be added to security 68 81. Transfer under powers contained in mortgage 68 82. Redemption of mortgage 68 83. Discharge of mortgage 68 84. Transfer of mortgage 69

Division 4A — Lodgment of instruments and

the register 84A. Lodgment of instruments 69 84B. Provisional lodgment 69 84C. Content of register 71 84D. Fees for copies of entries, dealings, etc. 71 84E. Amendment of register 72 84F. Inclusion of information in register despite late

lodgment of report 72


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Division 5 — Production and royalties 85. Interpretation of Division 72 85AA. Effect of GST etc. on royalties 74 85AB. Conversion to Australian currency 75 85A. Quarterly production reports 76 85B. Royalty return 77 86. Rates of royalty 77 86AA. Rates of royalty in respect of gold 85 86AB. Optional royalty rate for cobalt sold as a

nickel by-product 89 86AC. Rates of royalty for ilmenite feedstock 90 86A. Payment of royalties 92 86B. Tenement within Carnarvon Irrigation District 93 86D. Exemption in respect of certain clay, gravel,

limestone, rock or sand 93 86E. Exemption in respect of rock for the Eyre Highway 93 86F. Royalty relief 94 87. Minister may determine value of mineral for the

purpose of calculating royalties 95 87A. Notice of determination and assessment under

regulation 87 96 87B. Records 96 89. Recovery of royalty 97

Division 5A — Prescribed Australian datum 89A. Geocentric Datum of Australia — section 9B 97

Division 6 — Miscellaneous 89B. Prescribed office — section 8(1) 98 89C. Identified mineral resource — section 8(1) 98 90. Forms to be completed in accordance with directions 99 90A. Prescribed procedure for certain applications 99 91. Appeal to Minister 100 92. Shape of tenement 100 95. Tenements within more than one mineral field or

district 101 95A. Mining statistics 101 96. Release of information contained in reports 101 96A. Authorisation for release of information in mineral

exploration reports 104 96B. Publication of guidelines — mineral exploration

reports 105


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96C. Specific expenditure provisions 105 96D. Drill cores 107 97. No mining that obstructs public thoroughfares, etc. 108 98. Control of detritus, dirt, etc. 108 99. Decency and sanitation 108 100. Removal of fences, timbers, etc. 108 101. Manner of camping — section 20(2)(e) 108 101A. Notice before mining under certain Crown land or

private land 109 102. Devolution on death, etc. 109 104. Time for any act may be extended 110 105. Application for copy document 110 108. Appointment of attorney 110 109. Fees and rents 111 109A. GST to be paid on certain applications 111 111. Service of notices 112 112. Securities 113 112A. Discharge of security 113 113. Employees not to use information 113 113A. General power for wardens to administer oaths 114 114. Warden’s order not to be disobeyed 114 115. General penalty 114

Part VI — Surveys

116. Interpretation in Part VI 115 117. Approved surveyors 115 118. Initiation of mining surveys 116 118A. Notice of proposed mining surveys 117 118B. When mining surveys are to be carried out 117 118C. Refund of certain survey fees 118 119. Boundary marks to be pointed out 118 120. Adjustment of boundaries 119 120A. Disputes and objections in mining survey 120 120B. Cost of travelling 121 120C. Correction of errors or omissions 121 120D. Cost of check surveys and of correction of errors to be

met by approved surveyors 122 120E. Report of surveyed tenements to be prepared 122

Part VIA — Inspectors

Division 1 — Inspectors


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120F. Assignment of inspectors for environmental purpose 123 120G. Inspectors may enter mining tenement or mine 124

Division 2 — Directions to modify mining

operations 120H. Inspectors may issue directions 124 120I. Directions 125 120J. Review of direction 125 120K. Compliance with directions 126

Division 3 — Stop Work Orders 120L. Inspectors may issue Stop Work Orders 127 120M. Stop Work Orders 128 120N. Review of a Stop Work Order 128 120O. Compliance with Stop Work Orders 129

Part VIB — Aerial photography

120P. Interpretation in Part VIB 131 120Q. Information to be provided as to aerial photography 131 120R. Register 132 120S. Confidentiality of information 132

Part VII — Legal proceedings

121. Proceedings 133 122. Lodgement, withdrawal of plaint 133 123. Issue of summons 133 124. Affidavit of service 134 125. Time for service 134 126. Notice of defence 134 127. Subpoena of witness 134 127A. Persons before whom affidavit may be sworn 135 128. Costs 135 129. Copy of judgment 136 130. Warrant of execution 136 131. Warrant for recovery of possession 136 132. Notice of seizure 137 133. Sale under warrant of execution 137 134. Transfer upon sale 137 135. Appeal to Supreme Court 137 136. Injunction 138

First Schedule 139


Contents

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Second Schedule 216

Third Schedule — Transitional

provisions relating to Geocentric

Datum of Australia 219

1. Interpretation 219 2. Australian Geodetic Datum 219 3. Exploration licences 220 4. Land surrendered or forfeited etc. 220 5. Land exempted under section 19 222 6. Areas declared under section 57(4), and savings 222 7. Certain prospecting licences and mining leases may be

amalgamated with existing exploration licences 222 8. Prescribed land does not need to be marked out 223

Notes

Compilation table 225

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Western Australia

Mining Act 1978


Part I — Preliminary

1. Citation and commencement

(1) These regulations may be cited as the Mining

Regulations 1981 1.

(2) These regulations shall come into operation on the day on which

those provisions of the Act referred to in section 2(2) thereof

come into operation 1

.

2. Interpretation

In these regulations unless the contrary intention appears —

“block” has the meaning ascribed to it in Part IV, Division 2 of

the Act;

“date of application” when referring to an application for a

mining tenement means the date on which the application is

lodged at the office of the mining registrar together with

the prescribed fees;

“Director, Environment Division” means the person for the

time being holding or acting in the office of Director,

Environment Division in the Department;

“environmental officer” means a person for the time being

holding or acting in the office of Environmental Officer in

the Environment Division of the Department;

“existing exploration licence” means an exploration licence —


Part I Preliminary

r. 2

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(a) granted before the commencement of section 16 of

the Mining Amendment Act 1990 2; or

(b) for which an application was made before the

commencement of section 16 of the Mining

Amendment Act 1990 2 and which has subsequently

been granted;

“graticular exploration licence” means an exploration licence

the application for which was made on or after the

commencement of section 16 of the Mining Amendment

Act 1990 2 and which has subsequently been granted;

“graticular section” has the meaning ascribed to it in Part IV,

Division 2 of the Act;

“mineral exploration report” has the same meaning as it has

in section 115A(1);

“prescribed fee” means the relevant fee set out in the Second

Schedule;

“quarterly period” means each period of 3 calendar months

from the date on which the term of a mining tenement

commences;

“royalty return” means a royalty return referred to in

regulation 85B;

“section” means section of the Act;

“the Act” means the Mining Act 1978.

[Regulation 2 amended in Gazette 12 Nov 1982 p. 4490;

2 Oct 1987 p. 3813; 20 May 1988 p. 1705; 31 May 1991

p. 2696; 24 Jun 1994 p. 2927-8; 13 Oct 1995 p. 4814;

3 Feb 2006 p. 575-6.]


Miner’s Rights Part II

r. 3


Part II — Miner’s Rights

3. Form of Miner’s Rights

A Miner’s Right shall be in the form No. 1 in the First Schedule.

4. Quantity of samples or specimens

The quantity of each sample or specimen the holder of a

Miner’s Right may extract or remove from Crown land —

(a) under section 20(2)(c); or

(b) when fossicking,

shall not, on each occasion a sample or specimen is taken,

exceed 20 kilograms.

[Regulation 4 inserted in Gazette 20 Oct 1987 p. 3813;

amended in Gazette 31 May 1991 p. 2696.]


Part IIA Permits under section 20A

r. 4A


Part IIA — Permits under section 20A

[Heading inserted in Gazette 2 Feb 2001 p. 705.]

4A. Interpretation

In this Part —

“date of issue”, in relation to a permit, means the day on which

the permit is issued;

“issuing officer” means the mining registrar or the holder of the

office referred to in regulation 4B;

“licensee statement”, in relation to land, means a statement

made in relation to the land under regulation 4H;

“permit” means a permit under section 20A;

“permit holder”, in relation to a permit, means the person who

is or was the holder of the permit;

“relevant exploration licence”, in relation to an application for

a permit in respect of land, or a permit issued in respect of

land, means the exploration licence that was in force for the

land when the application was made or the permit was

issued.

[Regulation 4A inserted in Gazette 2 Feb 2001 p. 705.]

4B. Prescribed office — section 20A(1)

For the purposes of section 20A(1) the office of Customer

Service Coordinator, Mineral Titles Division of the Department

is prescribed.

[Regulation 4B inserted in Gazette 2 Feb 2001 p. 705.]

4C. Prescribed depth — section 20A(6)(b)

For the purposes of section 20A(6)(b) the prescribed depth is

2 metres below the natural surface of the land.

[Regulation 4C inserted in Gazette 2 Feb 2001 p. 705.]


Permits under section 20A Part IIA

r. 4D


4D. Application for permit

(1) An application for a permit is to be in the form No. 1A in the

First Schedule.

(2) The application is to be accompanied by the relevant application

fee set out in item 2 of the Second Schedule.

(3) The application may be accompanied by a licensee statement.

[Regulation 4D inserted in Gazette 2 Feb 2001 p. 705-6.]

4E. Area of land to which permit applies

(1) The area of land in respect of which a permit is issued is to be a

block or blocks but is not to exceed 10 blocks.

(2) If a permit is issued in respect of 2 or more blocks the graticular

sections that constitute those blocks are to —

(a) constitute a single area; and

(b) each have a side in common with at least one other

graticular section in that area.

(3) The area of land in respect of which a permit is issued is to be

specified in the permit by reference to the number of the block

or each block, as the case requires, on a plan held at the

Department.

[Regulation 4E inserted in Gazette 2 Feb 2001 p. 706.]

4F. Permit conditions

(1) An issuing officer may impose one or more of the following

conditions on the issue of a permit in respect of land —

(a) a condition relating to the conservation of the land and

its environment;

(b) where the land is the subject of a pastoral lease within

the meaning of the Land Administration Act 1997, a

condition requiring the permit holder to give a copy of



r. 4G


the permit to the holder of the pastoral lease before

prospecting for minerals on the land;

(c) if the application for the permit is not accompanied by a

licensee statement, a condition requiring the permit

holder not to prospect on the land before the permit

comes into operation under regulation 4I;

(d) a condition requiring the permit holder to comply with

regulation 4O(1);

(e) any other reasonable condition.

(2) An issuing officer may vary or cancel a condition imposed

under subregulation (1) by notice in writing given to the permit

holder.

[Regulation 4F inserted in Gazette 2 Feb 2001 p. 706.]

4G. Notice of issue of permit

An issuing officer is to cause a copy of a permit to be given to

the holder of the relevant exploration licence as soon as

practicable after the date of issue.

[Regulation 4G inserted in Gazette 2 Feb 2001 p. 706.]

4H. Statement by holder of exploration licence

(1) The holder of an exploration licence for land may make a

written statement setting out any comments the license holder

wishes to make in relation to prospecting activities proposed to

be carried out on the land under a permit.

(2) A licensee statement may be given to a person who proposes to

apply, or has applied, for a permit, or to whom a permit has

been issued, in respect of the land.

[Regulation 4H inserted in Gazette 2 Feb 2001 p. 707.]



r. 4I


4I. Commencement of operation of permit

(1) If a permit holder received a licensee statement before the

permit was issued, the permit comes into operation on the date

of issue.

(2) If a permit holder receives a licensee statement after the date of

issue, but within 21 days after the date of issue, the permit

comes into operation on the day on which the permit holder

receives the licensee statement.

(3) If the permit holder does not receive a licensee statement before

the end of the period of 21 days after the date of issue, the

permit comes into operation at the end of that 21-day period.

[Regulation 4I inserted in Gazette 2 Feb 2001 p. 707.]

4J. Expiry of permit

(1) A permit stops being in force in respect of land when one of the

following happens —

(a) a notice of the surrender of the permit is lodged under

regulation 4K;

(b) the permit is cancelled under regulation 4L(2)(b);

(c) the relevant exploration licence stops being in force;

(d) a mining lease, general purpose lease or retention

licence is granted in respect of the land;

(e) the period of 3 months after the date of issue of the

permit ends.

(2) Subregulation (1)(c) does not apply if the relevant exploration

licence stops being in force because a prospecting licence or an

exploration licence is granted in respect of the land as a result of

a reversion licence application.

[Regulation 4J inserted in Gazette 2 Feb 2001 p. 707; amended

in Gazette 3 Feb 2006 p. 576.]



r. 4K


4K. Surrender of permit

(1) A permit holder may surrender his or her permit by notice in

writing lodged at the office of the mining registrar or the

Department at Perth.

(2) A notice under subregulation (1) is to be —

(a) signed by the permit holder or each permit holder (if

more than one); and

(b) where possible, accompanied by the permit.

[Regulation 4K inserted in Gazette 2 Feb 2001 p. 707.]

4L. Powers available to Minister where breach of condition, etc.

(1) This regulation applies if the Minister is satisfied that a permit

holder —

(a) has contravened a condition referred to in

section 20A(5) or imposed on the permit in accordance

with regulation 4F; or

(b) has included in the application for the permit

information that the permit holder knew was false or

misleading in a material respect at the time the

application was made.

(2) The Minister may, subject to regulation 4M, do one or more of

the following —

(a) order the permit holder to pay a monetary penalty not

exceeding $5 000;

(b) cancel the permit;

(c) disqualify the permit holder from holding or applying

for a permit for such period, not exceeding 3 years from

the date of the decision to disqualify, as the Minister

thinks fit.

(3) The Minister may take action under subregulation (2)(a) or (c)

whether or not the permit has expired or has been surrendered.



r. 4M


(4) If there are 2 or 3 permit holders for a particular permit, those

permit holders are jointly and severally liable for the payment of

a penalty imposed under subregulation (2)(a).

(5) The Minister may recover a penalty imposed under

subregulation (2)(a) in a court of competent jurisdiction as a

debt due by the permit holder to the State.

[Regulation 4L inserted in Gazette 2 Feb 2001 p. 708.]

4M. Right of permit holder to make submissions

(1) The Minister is not to take action under regulation 4L(2) unless

the Minister —

(a) has caused a notice in accordance with subregulation (2)

to be posted to the permit holder at his or her last known

address; and

(b) has considered any submissions made by the permit

holder on or before the date specified in the notice.

(2) The notice is to specify —

(a) the proposed action; and

(b) a date on or before which the permit holder may make

written submissions to the Minister on the matter.

[Regulation 4M inserted in Gazette 2 Feb 2001 p. 708.]

4N. Prospecting report on recovered minerals

(1) If a permit holder recovers any minerals from land in the course

of prospecting in accordance with the permit, the permit holder

is to prepare and lodge a written report in accordance with

subregulations (2) and (3).

(2) The report is to —

(a) contain details of each type of mineral recovered from

the land;

(b) specify the quantity of each type of mineral recovered;

and



r. 4O


(c) specify, in relation to each type of mineral recovered,

the exact location of its recovery.

(3) The permit holder must, within 14 days after the permit stops

being in force —

(a) lodge the report, or cause it to be lodged, at the

Department at Perth; and

(b) give a copy of the report to the holder of the relevant

exploration licence.

(4) A person who contravenes subregulation (1) commits an

offence.

(5) A person who, in a report, gives information that the person

knows is false or misleading in a material respect commits an

offence.

[Regulation 4N inserted in Gazette 2 Feb 2001 p. 709.]

4O. Prohibition of use of certain hand tools

(1) A permit holder is not to use powered or hydraulically driven

hand tools on the land the subject of the permit.


offence.

[Regulation 4O inserted in Gazette 2 Feb 2001 p. 709.]

4P. Application of regulations 98 and 99

Regulations 98 and 99 apply to a permit holder as if references

in those regulations to —

(a) the holder of a mining tenement included a permit

holder; and

(b) the tenement included the land the subject of a permit.

[Regulation 4P inserted in Gazette 2 Feb 2001 p. 709.]


Mining on private land Part III

r. 5


Part III — Mining on private land

5. Application for permit to enter private land

Application under section 30 of the Act for a permit to enter on

any private land shall be —

(a) lodged at the office of a mining registrar in the form

No. 2 in the First Schedule together with the prescribed

fee; and

(b) accompanied by a map on which the private land is

clearly delineated.

[Regulation 5 amended in Gazette 31 Jul 1992 p. 3775.]

6. Form of permit to enter

A permit to enter upon private land shall be in the form No. 3 in

the First Schedule.

7. Notice of application relating to private land

(1) The notice required to be given under section 33(1) of the Act

is —

(a) a copy of the application for the mining tenement; and

(b) a map or plan on which the boundaries of the land

comprising the proposed mining tenement are clearly

defined,

to be served within 14 days of the date of lodgment of the

application.

(2) If the time prescribed for giving notice under section 33(1) is

extended under regulation 104, the applicant shall serve with

that notice, and the map or plan referred to in subregulation (1),

a written notice stating that the period for lodging objections to

the application is within 21 days of the date of service of the

documents.


31 May 1991 p. 2696.]


Part III Mining on private land

r. 8


8. Application to bring private land under the Act

(1) A person desirous of bringing within the operation of Division 3

of Part III of the Act any private land as set out in section 37(1)

shall lodge with the prescribed fee a written application with the

Department at Perth, giving a full description of the land, and of

his reasons for believing that the same contains minerals, other

than gold, silver or precious metals, in payable qualities.

(2) Prior to instructing a geologist or other professional officer to

inspect the land the Minister shall give not less than 30 days

notice to the owner and occupier of the private land of his

intention so to do.

9. Right of way on private land

The right of way required under section 29(7)(b) of the Act shall

be marked by clearly delineating it on a map which shall be

lodged at the office of the mining registrar.

10. Consents under section 29

(1) The consents in writing referred to in section 29(2) shall be —

(a) filed at the office of the mining registrar; and

(b) accompanied by a copy of the certificate of title for the

relevant land.

(2) The consents in writing referred to in section 29(6) shall be —

(a) filed with the Director General of Mines at the

Department at Perth; and

(b) accompanied by a copy of the certificate of title for the

relevant land.


amended in Gazette 4 Apr 1997 p. 1778.]

10A. Compensation

(1) A claim for compensation under section 123(3)(a) shall be in

the form No. 3A in the First Schedule.


Mining on private land Part III

r. 10A


(2) On receipt of a claim for compensation under section 123(3)(a)

the mining registrar shall —

(a) fix a date and time for informal proceedings to be heard

by the warden; and

(b) advise the owner or occupier and the person liable for

payment of compensation of that date and time.

(3) Attendance at informal proceedings referred to in

subregulation (2)(a) is not compulsory and parties may submit

written submissions to the warden.

[Regulation 10A inserted in Gazette 2 Oct 1987 p. 3814.]


Part IV Mining tenements

Division 1 Prospecting licences

r. 11


Part IV — Mining tenements

Division 1 — Prospecting licences

11. Marking out and application

An applicant for a prospecting licence shall comply with the

regulations in Part V as to marking out and applying for the

licence.

[12. Repealed in Gazette 2 Feb 2001 p. 712.]

13. Instrument of licence

The instrument of licence for a prospecting licence shall be in

the form No. 4 in the First Schedule.

13A. Programme of work for ground disturbing equipment

(1) The programme of work referred to in section 46(aa)(i) shall be

lodged at an office of the Department.

(2) The office of Environmental Officer in the Environment

Division of the Department is prescribed for the purposes of the

interpretation of the term “prescribed official” in

section 46(aa)(ii).


14. Limit on amount of earth, etc., that may be removed

For the purposes of section 48(c), the limit on the amount of

earth, soil, rock, stone, fluid or mineral bearing substances

which may be excavated, extracted or removed during the

period for which the licence remains in force is 500 tonnes in

total, and the excavation, extraction or removal of a larger

tonnage, without the Minister’s written approval, shall render

the licence liable to forfeiture.

[Regulation 14 inserted in Gazette 31 May 1991 p. 2696.]


Mining tenements Part IV

Prospecting licences Division 1

r. 15


15. Expenditure condition

(1) The holder of a prospecting licence shall expend or cause to be

expended in mining on or in connection with mining on the

licence not less than $40.00 for each hectare or part thereof of

the area of the licence with a minimum of $2 000.00 during

each year of the term of the licence, but if the holder is directly

engaged part-time or full-time in mining on the licence itself,

then an amount equivalent to the remuneration that the holder

would be entitled to if engaged, under a contractual

arrangement, in similar mining activity elsewhere in the district

shall be deemed to have been expended.

(1aa) Subregulation (1) applies in respect of any period in which a

prospecting licence continues in force because of —

(a) an application for a lease under section 49; or

(b) an application for a retention licence under section 70B,

except that the amount to be expended during that period is to

be calculated on a pro rata basis for each whole month from the

last anniversary date of the commencement of the term of the

licence until the application is determined.

(1a) Expenditure incurred under subregulation (1) during the month

in which the anniversary date of the commencement of the term

of the licence occurs may be treated by the holder as

expenditure incurred in either the year immediately preceding

that anniversary date or the year starting from such date

(including any period referred to in subregulation (1aa)).

(1b) The specific provisions in regulation 96C, relating to allowable

expenditure and non-allowable expenditure for the purposes of

calculating expenditure under a licence, apply when calculating

expenditure under this regulation.

(2) If a prospecting licence is surrendered then a pro rata reduction

of the amount to be expended will apply in respect of each

whole month from the date of surrender to the next anniversary

date of the commencement of the term of the licence.




r. 16


(3) If a prospecting licence has retention status, the amount to be

expended during the year of the term of the licence in which

retention status is approved is to be calculated on a pro rata

basis for each whole month from the last anniversary date of the

commencement of the term until the end of the month in which

the approval takes effect.

(4) Despite subregulation (1), if a prospecting licence has retention

status, expenditure is not required under this regulation during

any year of the term of the licence after the year in which

retention status is approved.


31 Jul 1992 p. 3776; 11 Jun 1999 p. 2543; 18 Jun 1999

p. 2642; 17 Jan 2003 p. 110; 3 Feb 2006 p. 577.]

16. Reports to be filed

(1) A report required under section 51 is to be in the form No. 5 in

the First Schedule and is to be filed —

(a) within 60 days after each anniversary date of the

commencement of the term of the licence or within any

extension of that period under subregulation (1a); and

(b) within 60 days after the surrender, forfeiture, expiry or

other cancellation of the licence or within any extension

of that period under subregulation (1a).

(1a) The Minister may, in response to a request made before the

expiry of the 60 day period referred to in subregulation (1)(a) or

(b), extend that period.

(2) A person who, in a report required under section 51 of the Act,

gives information that the person knows is false or misleading

in a material respect commits an offence.

[Regulation 16 amended in Gazette 2 Jul 1993 p. 3270;

17 Jan 2003 p. 110.]




r. 16A


16A. Grounds for extension under section 45(1a)

Each of the following is a ground for extension for the purposes

of section 45(1a) —

(a) by reason of difficulties or delays —

(i) occasioned by law;

(ii) arising from administrative, political,

environmental or other requirements of

governmental or other authorities, in the State or

elsewhere;

(iii) arising from a requirement to conduct an

Aboriginal heritage survey on the land;

(iv) in obtaining requisite consents or approvals for

prospecting or for the marking out of a mining

lease or general purpose lease in relation to any

part of the land; or

(v) in gaining access to the land because of

unfavourable climatic conditions,

prospecting, or the marking out and application

appropriate to a mining lease or general purpose lease in

relation to the land, could not be undertaken or

completed or is restricted in a manner that is, or subject

to conditions that are, for the time being impracticable;

(b) the land the subject of the licence has for any reason the

Minister considers sufficient been unworkable for the

whole or a considerable part of any year of the term;

(c) work already carried out under the licence justifies

further prospecting;

(d) if the prospecting licence has retention status, the

grounds for approval of retention status under section 54

continue to exist.

[Regulation 16A inserted in Gazette 3 Feb 2006 p. 577-8.]




r. 16B


16B. Application for extension of prospecting licence

(1) An application under section 45(1a) shall —

(a) be lodged at an office of the Department during the final

year of the term of the licence;

(b) be in the form No. 9 in the First Schedule; and

(c) be accompanied by —

(i) the instrument of licence;

(ii) the prescribed rent for a period of 12 months

commencing on the day after the day on which

the licence is due to expire; and

(iii) information in support of the proposed ground

for extension.

(2) If the application is refused, a pro rata refund of rent is to be

paid to the applicant in respect of each whole month of the

period for which rent has been paid commencing on the day on

which the application is refused.

[Regulation 16B inserted in Gazette 3 Feb 2006 p. 578-9.]

16C. Application for retention status

(1) An application under section 53(2) shall —

(a) be lodged at an office of the Department;

(b) be accompanied by a statement specifying —

(i) the details of the programme of work (if any)

proposed to be carried out on the land for which

retention status is sought; and

(ii) the estimated amount of money (if any) proposed

to be expended on such work;

(c) be accompanied by a statutory declaration made by the

applicant or a person authorised by the applicant to the

effect that —




r. 16D


(i) there is an identified mineral resource in, on or

under the land for which retention status is

sought; and

(ii) mining of that identified mineral resource is

impracticable for one or more of the reasons

referred to in section 54(1)(b);

(d) be accompanied by a description of the boundaries of

the land for which retention status is sought; and

(e) be accompanied by a map that clearly indicates —

(i) the boundaries of the land for which retention

status is sought; and

(ii) the location of the identified mineral resource.

(2) The application fee for the purposes of section 53(3)(e) is the

fee set out in item 2A of the Second Schedule.

[Regulation 16C inserted in Gazette 3 Feb 2006 p. 579-80.]

16D. Marking out of land that has retention status

Regulations 59, 60 and 61 apply, with any necessary

modifications, in relation to marking out the boundaries of land

for the purposes of section 54(6).

[Regulation 16D inserted in Gazette 3 Feb 2006 p. 580.]

16E. Application for special prospecting licence

(1) For the purposes of section 56A(2) the prescribed period is

14 days after the day on which the application for the special

prospecting licence is lodged.

(2) For the purposes of section 56A(5a) the prescribed period is






Division 2 Exploration licences

r. 17


Division 2 — Exploration licences

17. Application

It shall not be necessary to mark out an exploration licence but

an applicant for an exploration licence shall comply with the

regulations in Division 2 of Part V with such modifications as

the circumstances require.


[18A. Repealed in Gazette 3 Feb 2006 p. 580.]


The instrument of licence for an exploration licence shall be in


20. Limit on amount of earth, etc., that may be removed

For the purposes of section 66(c), the limit on the amount of

earth, soil, rock, stone, fluid or mineral bearing substances


period for which the licence remains in force is 1 000 tonnes in

total, and the excavation, extraction or removal of a larger

tonnage, without the Minister’s written approval, shall render

the licence liable to forfeiture.

[Regulation 20 inserted in Gazette 31 May 1991 p. 2697.]


(1) The holder of an existing exploration licence shall expend, or

cause to be expended, in mining on or in connection with

mining on the licence during each year of the term of the licence

or, where the term of the licence is extended under

section 61(2) —

(a) during each of years 1 to 5 of that term, not less that

$300 for each square kilometre or part thereof of the

area of the licence with a minimum of $20 000;



Exploration licences Division 2

r. 21


(b) during each of years 6 and 7 of the term of the licence,

not less than $50 000 per year irrespective of the area of

the licence; or

(c) during year 8 and each subsequent year of the term of

the licence, not less than $100 000 per year irrespective

of the area of the licence.

(1aa) Expenditure incurred under subregulation (1) or (1b) during the

month in which the anniversary date of the commencement of

the term of the licence occurs may be treated by the holder as

expenditure incurred in either the year immediately preceding

that anniversary date or the year starting from such date

(including any period referred to in subregulation (1c)).

(1a) Where a part of a block comprises or is included in the land in

respect of which an exploration licence is granted, the whole of

that block is deemed to be subject to the licence for the purposes

of subregulation (1b).

(1b) The holder of a graticular exploration licence shall expend, or

cause to be expended, in mining on or in connection with

mining on the licence —

(a) during each of years 1 to 3 of the term of the licence,

$1 000 per block —

(i) with a minimum of $10 000 where one block

only is subject to the licence;

(ii) with a minimum of $15 000 where 2 to 5 blocks

are subject to the licence;

(iii) with a minimum of $20 000 where 6 or more

blocks are subject to the licence;

(b) during each of years 4 and 5 of the term of the licence,









r. 21




(c) during each of years 6 and 7 of the term of the licence,








or

(d) during year 8, and each subsequent year of the term of

the licence, $3 000 per block —






blocks are subject to the licence.

(1c) Subregulations (1) and (1b) apply in respect of any period in

which an exploration licence continues in force because of —

(a) an application to extend the term of the licence under

section 61;

(b) an application for a lease under section 67; or

(c) an application for a retention licence under section 70B,

except that the amount to be expended during that period is to

be calculated on a pro rata basis for each whole month from the

last anniversary date of the commencement of the term of the

licence until the application is determined.

(1d) If an application for the extension of the term of an exploration

licence is granted after the date on which the licence would have

expired (but for section 61(3)), the amount to be expended




r. 21


under subregulation (1) or (1b) during the period from the date

on which the application is granted until the next anniversary

date of the term of the licence is to be calculated on a pro rata

basis for each whole month of that period.

(1e) The specific provisions in regulation 96C, relating to allowable


calculating expenditure under a licence, apply when calculating


(2) If an exploration licence is surrendered then a pro rata reduction

of the amount to be expended will apply in respect of each

whole month from the date of surrender to the next anniversary

date of the commencement of the term of the licence.

(3) If during a particular year of the term of an exploration licence

or any period referred to in subregulation (1c), the holder of the

licence is directly engaged part-time or full-time in mining on

land the subject of the licence, an amount equivalent to the

remuneration that the holder would be entitled to if engaged,

under a contractual arrangement, in similar mining activity

elsewhere in the district is to be deemed to have been expended

during that year or period, as the case requires.

(4) If an exploration licence has retention status, the amount to be

expended during the year of the term of the licence in which

retention status is approved is to be calculated on a pro rata

basis for each whole month from the last anniversary date of the

commencement of the term until the end of the month in which

the approval takes effect.

(5) Despite subregulations (1) and (1b), if an exploration licence

has retention status, expenditure is not required under this

regulation during any year of the term of the licence after the

year in which retention status is approved.


31 May 1991 p. 2697; 31 Jul 1992 p. 3776; 13 Oct 1995

p. 4814-15; 11 Jun 1999 p. 2543; 18 Jun 1999 p. 2642-3;

17 Jan 2003 p. 110; 3 Feb 2006 p. 581-3.]




r. 21A



(1) The programme of work referred to in section 63(aa)(i) shall be





section 63(aa)(ii).



(1) The reports required under section 68(3) shall be a report on

operations on the mining tenement in the form No. 5 in the First

Schedule to be filed —










(2) A person who, in a report required under section 68(3), gives

information that the person knows is false or misleading in a

material respect commits an offence.


13 Oct 1995 p. 4815; 17 Jan 2003 p. 110-11.]

22A. Grounds for deferral under section 65(3b)

Each of the following is a ground for deferral for the purposes

of section 65(3b) —




r. 22B


(a) the applicant for deferral is a person authorised by the

Minister under section 111 to explore for iron on the

land to which the application for deferral relates;

(b) by reason of difficulties or delays —





elsewhere;

(iii) arising from a requirement to conduct an

Aboriginal heritage survey on the land to which

the application for deferral relates (the “relevant

land”);

(iv) in obtaining requisite consents or approvals for

exploration or for the marking out of a mining


part of the relevant land; or

(v) in gaining access to the relevant land because of


the exploration programme, or the marking out and

application appropriate to a mining lease or general

purpose lease in relation to the relevant land, could not

be undertaken or completed or is restricted in a manner

that is, or subject to conditions that are, for the time

being impracticable.


22B. Application for deferral

An application for deferral referred to in section 65(3c) shall be

made in writing and lodged at an office of the Department.





r. 23


23. Endorsement of plans upon surrender

(1) The surrender under section 65 (which in this regulation

includes a deemed surrender) of the whole or portion of the land

the subject of an exploration licence shall be endorsed on the

plans referred to in section 65(5) in the following manner —

(a) the portion surrendered, or deemed surrendered, shall be

marked on each plan;

(b) on each plan the portion surrendered, or deemed

surrendered, shall be endorsed with the exploration

licence number and a release number allocated by the

Department; and

(c) at a date and time chosen by an officer authorised by the

Director General of Mines for the release of the portion

surrendered, or deemed surrendered, that date and time

shall be endorsed on that portion of each plan.

(2) Notification for the purposes of section 65(6)(a) shall be given

by endorsing the date (the “release date”) and time chosen

under subregulation (1)(c) on the plans referred to in

section 65(5) at least 14 days before the release date.

[Regulation 23 inserted in Gazette 31 May 1991 p. 2697;

amended in Gazette 3 Feb 2006 p. 586.]

23AA. Refund of rent following unsuccessful application under

section 65(1a)

(1) If the holder of an exploration licence makes an application

under section 65(1a) for an exemption and an exemption is not

granted, the holder is entitled to a pro rata refund of rent paid on

the blocks surrendered for the period commencing on the day on

which the surrender takes effect under section 65(1b).

(2) When calculating a pro rata refund for the purposes of

subregulation (1), only whole months of the period referred to in

that subregulation are to be the subject of the refund.

[Regulation 23AA inserted in Gazette 13 Oct 1995 p. 4815.]




r. 23AB


23AB. Prescribed circumstances under section 61(2)(a)

Each of the following is a ground for extension for the purposes

of section 61(2) —

(a) by reason of difficulties or delays —





elsewhere;

(iia) arising from a requirement to conduct an

Aboriginal heritage survey on the land;

(iii) in obtaining requisite consents or approvals for

exploration or for the marking out of a mining


part of the land; or

(iv) in gaining access to the land because of


the exploration programme, or the marking out and

application appropriate to a mining lease or general

purpose lease in relation to the land, could not be

undertaken or completed or is restricted in a manner that

is, or subject to conditions that are, for the time being

impracticable;

(b) the land the subject of the licence has for any reason the

Minister considers sufficient been unworkable for the

whole or a considerable part of any year of the term;

(c) work already carried out under the licence justifies

further exploration; or

(d) if the exploration licence has retention status, the

grounds for approval of retention status under

section 69B continue to exist.

[Regulation 23AB inserted in Gazette 13 Oct 1995 p. 4816;

amended in Gazette 3 Feb 2006 p. 586-7.]




r. 23A


23A. Extension of exploration licence

(1) An application under section 61 to extend the term of an

exploration licence shall —

(a) be lodged at an office of the Department during the final

year of the term of the licence;

(b) be in the form No. 9 in the First Schedule; and

(c) be accompanied by —

(i) the instrument of licence;



the licence is due to expire; and

(iii) information in support of the proposed ground

for extension, a summary of work already carried

out under the licence and a detailed programme

of work proposed to be carried out under the

licence.

(2) If the application is refused, a pro rata refund of rent will be




[Regulation 23A inserted in Gazette 2 Oct 1987 p. 3815;

amended in Gazette 13 Oct 1995 p. 4816; 2 Feb 2001 p. 712;

3 Feb 2006 p. 587-8.]

23BA. Application for retention status

(1) An application under section 69A(2) shall —

(a) be lodged at an office of the Department;

(b) be accompanied by a statement specifying —

(i) the details of the programme of work (if any)

proposed to be carried out on the land for which

retention status is sought; and

(ii) the estimated amount of money (if any) proposed

to be expended on such work;



Retention licences Division 2A

r. 23BB


(c) be accompanied by a statutory declaration made by the

applicant or a person authorised by the applicant to the

effect that —

(i) there is an identified mineral resource in, on or

under the land for which retention status is

sought; and

(ii) mining of that identified mineral resource is


referred to in section 54(1)(b);

(d) be accompanied by a description of the boundaries of

the land for which retention status is sought; and

(e) be accompanied by a map that clearly indicates —

(i) the boundaries of the land for which retention

status is sought; and

(ii) the location of the identified mineral resource.

(2) The application fee for the purposes of section 69A(3)(e) is the

fee set out in item 2A of the Second Schedule.

[Regulation 23BA inserted in Gazette 3 Feb 2006 p. 588-9.]

23BB. Application for special prospecting licence

(1) For the purposes of section 70(2) the prescribed period is



(2) For the purposes of section 70(5a) the prescribed period is



[Regulation 23BB inserted in Gazette 3 Feb 2006 p. 589.]

Division 2A — Retention licences

[Heading inserted in Gazette 24 Jun 1994 p. 2928.]



Division 2A Retention licences

r. 23B


23B. Application and marking out

(1) An applicant for a retention licence is to comply with the

regulations in Part V, Division 2 with such modifications as the

circumstances require.

(2) It is not necessary to mark out the land in respect of which a

retention licence is sought unless the Minister so requires under

section 70D(9).

(3) If the Minister requires the land to be marked out the applicant

is to do so in accordance with regulations 59, 60 and 61.

[Regulation 23B inserted in Gazette 24 Jun 1994 p. 2928;


[23C. Repealed in Gazette 2 Feb 2001 p. 712.]

23D. Instrument of licence

The instrument of licence for a retention licence shall be in the

form No. 7 in the First Schedule.

[Regulation 23D inserted in Gazette 24 Jun 1994 p. 2928.]

23DA. Programme of work for ground disturbing equipment

(1) The programme of work referred to in section 70H(1)(aa)(i)

shall be lodged at an office of the Department.




section 70H(1)(aa)(ii).

[Regulation 23DA inserted in Gazette 3 Feb 2006 p. 589-90.]

23E. Reports to be lodged

(1) The periodical reports and returns required under

section 70H(1)(f) shall be a report on operations on the mining

tenement in the form No. 5 in the First Schedule, to be

lodged —



Retention licences Division 2A

r. 23F











(2) A person who, in a report required under section 70H(1)(f),

gives information that the person knows is false or misleading

in a material respect commits an offence.

[Regulation 23E inserted in Gazette 24 Jun 1994 p. 2928-9;

amended in Gazette 17 Jan 2003 p. 111.]

23F. Application for renewal

(1) An application under section 70E(2) for the renewal or further

renewal of a retention licence shall be —

(a) made in the form No. 9 in the First Schedule;

(b) accompanied by —

(i) a report setting out a summary of any work and

any investigations carried out under the licence,

and a detailed programme of any work and any

investigations proposed to be carried out under

the licence;

(ii) a statutory declaration stating that mining of the

identified mineral resource remains


referred to in section 70C(2) (and setting out that

reason or those reasons in the statutory

declaration);

(iii) the instrument of licence; and



Division 3 Mining leases

r. 23G


(iv) the prescribed rent for a period of 12 months


the licence is due to expire;

and

(c) lodged at the office of the mining registrar at any time

during the final year of the term of that licence.



period for which rent has been paid, commencing on the day on


[Regulation 23F inserted in Gazette 24 Jun 1994 p. 2929;


23G. Limit on amount of earth, etc., that may be removed

For the purposes of section 70J(c), the limit on the amount of

land, earth, soil, rock, stone, fluid or mineral bearing substance


period for which the retention licence remains in force is

1 000 tonnes in total, and the excavation, extraction or removal

of a larger tonnage, without the Minister’s written approval,

renders the licence liable to forfeiture.

[Regulation 23G inserted in Gazette 24 Jun 1994 p. 2929.]

[23H. Repealed in Gazette 3 Feb 2006 p. 590.]

Division 3 — Mining leases


An applicant for a mining lease shall comply with the


lease.

25. Guidelines under Part IV Division 3 of the Act

For the purposes of section 70P —

(a) copies of the guidelines are to be made available at each

office of the Department; and



Mining leases Division 3

r. 25A


(b) an electronic version of the guidelines is to be published

on the Department’s internet website.

[Regulation 25 inserted in Gazette 3 Feb 2006 p. 590.]

25A. Marking out after grant of lease

Regulations 59, 60 and 61 apply, with any necessary

modifications, in relation to marking out the boundaries of an

area for the purposes of section 73(2).


25B. Fees for copies of certain documents

A person who wishes to obtain —

(a) a copy of a document referred to in section 74(5);

(b) a copy of a report under section 74A; or

(c) a copy of any part of such a document or report,

shall pay the fee set out in item 2B of the Second Schedule.


25C. Qualified persons — section 74

For the purposes of paragraph (a) of the definition of “qualified

person” in section 74(7) each of the following is a prescribed

body —

(a) the Australasian Institute of Mining and Metallurgy;

(b) the Australian Institute of Geoscientists.


26. Instrument of lease

The instrument of lease for a mining lease shall be in the form

No. 8 in the First Schedule.

27. Covenants




r. 28


Every mining lease shall contain and be subject to the following

covenants that the lessee shall —

(a) pay the rents and royalties due under the lease at the

prescribed time and in the prescribed manner;

(b) use the land in respect of which the lease is granted only

for mining purposes in accordance with the Act;

(c) comply with the prescribed expenditure conditions

applicable to such land unless partial or total exemption

therefrom is granted in such manner as is prescribed;

(d) not transfer or mortgage a legal interest in such land or

any part thereof without the prior written consent of the

Minister, or of an officer of the Department acting with

the authority of the Minister;

(e) lodge with the Department at Perth such periodical

reports and returns as may be prescribed; and

(f) promptly report in writing to the Minister details of all

minerals of economic significance discovered in, on or

under the land the subject of the mining lease.

[Regulation 27 amended in Gazette 3 Feb 2006 p. 519.]

28. Additional condition

In addition to the covenants and conditions contained in

section 82 of the Act it shall be a condition of every mining

lease that all holes, pits, trenches and other disturbances to the

surface of the land made whilst mining which in the opinion of

an environmental officer are likely to endanger the safety of any

person or animal will be filled in or otherwise made safe to the

satisfaction of the environmental officer.


28A. Additional rent for mining lease producing iron ore

(1) In addition to the rent prescribed in the Second Schedule, a

lessee shall pay rent calculated at the rate of 25 cents per tonne

of all forms of iron ore obtained from the mining lease after the

expiry of the period of 15 years from —




r. 29


(a) the day on which iron ore is or was first obtained from

that mining lease by the lessee; or

(b) the day on which the Mining Amendment

Regulations 1996 1 came into operation,

whichever is the later day.

(2) Despite regulation 93, the rent shall be paid to the Department

at Perth within 30 days after the expiry of each quarterly period

during which the iron ore was obtained from the mining lease.

(3) A lessee shall, on each occasion that rent is paid under this

regulation, lodge a return, in a form approved by the Minister,

showing in full the details required to calculate the rent.

[Regulation 28A inserted in Gazette 13 Sep 1996 p. 4598.]

29. Application for renewal

(1) Application for renewal of a mining lease under section 78 shall

be —

(a) made in the form No. 9 in the First Schedule;


(i) the duplicate instrument of lease (if issued); and



the term of the lease is due to expire;

and


during the final year of the term of that lease.










r. 30


30. Notice required by section 56A(8), 70(6) or 85B(3)

When the holder of —

(a) a special prospecting licence granted under

section 56A(8);

(b) a special prospecting licence granted under

section 70(6); or

(c) a special prospecting licence granted under

section 85B(3),

makes an application for a mining lease for gold in respect of

the land or any part of the land which is the subject of a special

prospecting licence, that person shall, within 14 days of the date

of the application, serve notice in the form No. 21 in the First

Schedule on the holder of —

(aa) the prospecting licence first-mentioned in

section 56A(1);

(bb) the exploration licence referred to in section 70(1); or

(cc) the mining lease referred to in section 85B(1),

as the case may be.

[Regulation 30 inserted in Gazette 24 Jun 1994 p. 2930.]


(1) The holder of a mining lease shall expend or cause to be

expended in mining on or in connection with mining on the

lease not less than $100 for each hectare or part thereof of the

area of the lease with a minimum of $10 000 during each year

of the term of the lease; but if the holder is directly engaged

part-time or full-time in mining on the lease itself then an

amount equivalent to the remuneration that the holder would be

entitled to if engaged, under a contractual arrangement, in

similar mining activity elsewhere in the district shall be deemed

to have been expended:




r. 31A


Provided that where the area of a mining lease does not exceed

5 hectares the minimum annual expenditure shall be $5 000.

(1a) Expenditure incurred under subregulation (1) during the month

in which the anniversary date of the commencement of the term

of the lease occurs may be treated by the holder as expenditure

incurred in either the year immediately preceding that

anniversary date or the year starting from such date.

(1b) The specific provisions in regulation 96C, relating to allowable


calculating expenditure under a lease, apply when calculating


(2) If a mining lease is surrendered then a pro rata reduction of the

amount to be expended will apply in respect of each whole

month from the date of surrender to the next anniversary date of

the commencement of the term of the lease.


31 Jul 1992 p. 3776; 11 Jun 1999 p. 2544; 18 Jun 1999

p. 2643; 17 Jan 2003 p. 111.]


(1) The programme of work referred to in section 82(1)(ca)(i) shall

be lodged at an office of the Department.




section 82(1)(ca)(i).



(1) The reports required under section 82(1) shall be in the form

No. 5 in the First Schedule and filed —




r. 32A



commencement of the term of the lease or within any



other cancellation of the lease or within any extension of

that period under subregulation (1a).




(2) A person who, in a report required under section 82(1) of the

Act, gives information that the person knows is false or

misleading in a material respect commits an offence.

[Regulation 32 amended in Gazette 2 Oct 1987 p. 3816;

2 Jul 1993 p. 3270; 17 Jan 2003 p. 112.]

32A. Condition under section 82A

(1) For the purposes of section 82A(2) the following kinds of

mining operations are prescribed —

(a) open-cut operations;

(b) underground operations;

(c) quarrying operations;

(d) dredging operations;

(e) harvesting operations;

(f) scraping operations;

(g) leaching operations;

(h) tailing treatment operations;

(i) construction activities incidental or conducive to mining

operations, including the construction of plant, tailing

storage facilities and overburden dumps.

(2) A mining proposal referred to in section 82A(2)(a) shall be




General purpose leases Division 4

r. 33


(3) The office of Director, Environment Division in the Department

is prescribed for the purposes of the interpretation of the term

“prescribed official” in section 82A(2)(b).


Division 4 — General purpose leases


An applicant for a general purpose lease shall comply with the


lease.


35. Instrument of lease

The instrument of lease for a general purpose lease shall be in


36. Covenants and conditions

Every general purpose lease shall contain and be subject to the

following covenants and conditions that the lessee shall —

(a) pay the rents due under the lease at the prescribed time

and in the prescribed manner;

(b) use the land in respect of which the lease is granted only

for the purposes specified in the lease;

(c) not transfer or mortgage a legal interest in such land or




(d) lodge with the Department at Perth such periodical

reports as are approved by the Director General of

Mines as being required in respect of a general purpose

lease;



Division 5 Miscellaneous licences

r. 36A


(e) promptly report in writing to the Minister details of all


under the land the subject of the lease; and

(f) be liable to have the lease forfeited if he is in breach of

any of the covenants or conditions thereof.


3 Feb 2006 p. 519.]

36A. Application for renewal

(1) Application for renewal of a general purpose lease under

section 88 shall be —

(a) in the form No. 9 in the First Schedule;


(i) the duplicate instrument of lease (if issued); and



the term of the lease is due to expire;

and


during the final year of the term of that lease.







Division 5 — Miscellaneous licences


(1) A miscellaneous licence shall be marked out —

(a) by erecting a post (the “datum post”) projecting not

less than one metre above the ground at a corner or



Miscellaneous licences Division 5

r. 38


angle of the boundaries of the land in respect of which

the licence is sought; and

(b) by affixing to the datum post a notice in the Form

No. 20 in the First Schedule and a map as referred to in

section 93(2).

(2) The applicant for a miscellaneous licence shall comply with the

regulations in Part V relating to applications and in addition to

giving notice of the application as required under the Act and

these regulations, shall also cause copies to be given to each

applicant for or holder of any mining tenement comprising any

portion of the land the subject of the application.

(3) Within 35 days of the date of application for a miscellaneous

licence the applicant shall lodge at the office of the mining

registrar written details of —

(a) any works to be constructed in connection with the

licence;

(b) the proposed manner of construction of such works; and

(c) any operations to be carried out on the land the subject

of the application.


13 Oct 1995 p. 4816; 17 Jan 2003 p. 112; 15 Aug 2003

p. 3693.]

38. Shape of licence

A miscellaneous licence may be of any shape but the boundaries

of the land shall where practicable comprise straight lines.


[40. Repealed in Gazette 13 Oct 1995 p. 4816.]

41. Covenants and conditions

Every miscellaneous licence shall contain and be subject to the

following covenants and conditions that the licensee shall —



Division 5 Miscellaneous licences

r. 42


(a) pay the rents due under the licence at the prescribed time

and in the prescribed manner;

(b) continuously use the licence for the purpose for which it

was granted;

(c) not transfer or mortgage a legal interest in the licence or




(d) lodge with the Department at Perth such periodical

reports as are approved by the Director General of

Mines as being required in respect of a miscellaneous

licence;

(e) promptly report in writing to the Minister details of all


under the land the subject of the licence; and

(f) be liable to have the licence forfeited if he is in breach

of any of the covenants or conditions thereof.

[Regulation 41 amended in Gazette 2 Oct 1987 p. 3837; 3 Feb

2006 p. 519.]


The instrument of licence for a miscellaneous licence shall be in


42A. Application for renewal

(1) Application for renewal of a miscellaneous licence under

section 91A or 91B shall be —



(i) the instrument of licence; and



the licence is due to expire;



Miscellaneous licences Division 5

r. 42B


and


during the final year of the term of that licence.






amended in Gazette 11 Jun 1999 p. 2544; 2 Feb 2001 p. 712.]

42B. Prescribed purposes for grant of miscellaneous licence

For the purposes of section 91(1), a miscellaneous licence may

be granted for the use of land for one or more of the following

purposes —

(a) a road;

(b) a tramway;

(c) an aerial rope way;

(d) a pipeline;

(e) a power line;

(f) a conveyor system;

(g) a tunnel;

(h) a bridge;

(i) taking water;

(ia) a search for groundwater;

(j) hydraulic reclamation and transport of tailings;

(k) an aerodrome;

(l) a meteorological station;

(m) a sulphur dioxide monitoring station; or

(n) any other purpose directly connected with mining

operations approved by the Director General of Mines.

[Regulation 42B inserted in Gazette 13 Oct 1995 p. 4817;




Division 6 Surrenders and forfeitures

r. 43


Division 6 — Surrenders and forfeitures

43. Surrender of tenement

(1) The holder of a mining tenement wishing to surrender in whole

such tenement shall execute a surrender in the form No. 12 in

the First Schedule and shall lodge the surrender with the

instrument of lease or licence (if issued).

(2) The surrender under section 95 of the Act of one or more

mining tenements may be conditional on an application for a

new mining tenement in respect of the whole or any part of the

area of the mining tenement or mining tenements so surrendered

being granted to the holder of that mining tenement or those

mining tenements.

[Regulation 43 amended in Gazette 12 Nov 1982 p. 4490.]

44. Shape of tenement after partial surrender

(1) Where a mining tenement is surrendered in part under

section 95 of the Act, the part of the tenement remaining after

surrender shall except in respect of an exploration licence

constitute a single area the shape of which is as near as

practicable as the circumstances permit in accordance with

regulation 92, but —

(a) in respect of an existing exploration licence, the part

remaining shall consist of not more than 3 discrete areas

each of which is of the shape prescribed by that

regulation or as near to that shape as is practicable; or

(b) in respect of a graticular exploration licence, the

graticular sections that constitute the blocks that remain

subject to the exploration licence shall comply with

section 65(1).

(2) The surrender in part under section 95 of the Act of one or more

mining tenements may be conditional on an application for a

new mining tenement in respect of the whole or any part of the

area of —

(a) the part of the mining tenement; or



Surrenders and forfeitures Division 6

r. 45


(b) the parts of the mining tenements,

so surrendered being granted to the holder of that mining

tenement or those mining tenements.


31 May 1991 p. 2697-8.]

45. Marking out etc., required for partial surrender

(1) Where a mining tenement is being surrendered as to part only

the holder shall —

(a) in the case of a mining tenement other than an

exploration licence, comply with subregulations (2)

to (4); and

(b) in the case of an exploration licence comply with

subregulation (3), but no fee shall be payable for a

surrender required pursuant to section 65 of the Act; and

(c) in the case of a surrender under section 65, also comply

with the Act as if that surrender were a surrender under

section 95.

(2) Additional posts shall be erected and trenches cut as if the part

of the tenement to be retained was being marked out as a new

mining tenement in accordance with regulation 59 except that in

lieu of a notice of marking out, a notice of re-marking in the

form No. 13 in the First Schedule, shall be used.

(3) A partial surrender in the form No. 14 in the First Schedule shall

be executed and lodged with the instrument of lease or licence

(if issued), the prescribed fee and, in the case of an exploration

licence, evidence of the approval required by section 95A(2).

(4) Any posts or notice of re-marking placed in connection with a

surrender pursuant to this regulation shall be removed in the event

of the surrender not being proceeded with or not being registered.

(5) Where a part of a mining tenement is to be surrendered under

section 26A, a surrender in the form No. 14 in the First

Schedule shall be executed and lodged accompanied by a map

clearly delineating the portion of the tenement being




r. 46


surrendered, and the portion being retained, but any further

requirements of this regulation do not apply.

[Regulation 45 amended in Gazette 15 Jun 1984 p. 1655;

20 Jun 1986 p. 2084; 26 Jun 1987 p. 2526; 2 Oct 1987 p. 3817;

16 Nov 1990 p. 5728; 31 May 1991 p. 2698 (corrigendum in

Gazette 7 Jun 1991 p. 2836); 21 Jun 1991 p. 3055; 24 Jun 1994

p. 2931; 17 Jan 2003 p. 106.]

46. Partial surrender to be endorsed on instrument of

lease/licence

Where a mining tenement is surrendered as to part only,

particulars of the registered surrender shall be endorsed on the

instrument of lease or licence.

47. Consent of mortgagee to surrender

(1) A surrender relating to a mining tenement encumbered by a

mortgage shall be accompanied by the written consent of the

mortgagee unless the surrender is pursuant to section 26A or 65

of the Act.

(2) If the surrender referred to in subregulation (1) is conditional in

favour of an application for a new mining tenement, the holder

and the mortgagee may agree to continue the mortgage against

the new tenement and lodge a deed of variation accordingly

with the consent referred to in subregulation (1) and upon the

conditional surrender being registered, the mortgage shall

continue as registered against the new tenement and shall

thereafter be of full force and effect in respect of that tenement.

[Regulation 47 amended in Gazette 31 May 1991 p. 2698.]

47A. Refund where conditional surrender of mining lease or

general purpose lease

(1) If —

(a) the holder of a mining lease or a general purpose lease

surrenders the lease in whole or in part under section 95




r. 48


conditionally upon the grant of a mining tenement in

respect of the whole or any part of the lease; and

(b) that mining tenement is granted,

the holder is entitled to a pro rata refund of rent paid on the

whole or such part of the lease as is included in that mining

tenement for the period commencing on the day on which that

mining tenement is granted.


subregulation (1) only whole months of the period referred to in



48. Plaint for forfeiture

An application for the forfeiture of a mining tenement under

section 96(1)(b) or section 98 of the Act shall be made by way

of plaint in the form No. 33 in the First Schedule.

49. Forfeiture for non-payment of rent, etc.

(1) An application for the forfeiture of a mining tenement under

section 96(1)(a) of the Act shall be in the form No. 15 in the

First Schedule.

(2) On receipt of an application referred to in subregulation (1), the

warden shall fix a date on which he intends to hear an

application for the forfeiture of the mining tenement (hereinafter

in this regulation referred to as the fixed date), and the warden

shall then cause the following action to be taken —

(a) written notification of the intended hearing to be

forwarded by post to the holder of the mining tenement,

at least 30 days prior to the fixed date, addressed to him

at his last known place of abode or business;

(b) a notice of the intended hearing to be posted up on the

notice board at the office of the mining registrar at least

14 days prior to the fixed date; and




r. 50


(c) notice of the intended hearing to be published in the

Government Gazette at least 14 days prior to the fixed

date.

(3) An objection in the form No. 16 in the First Schedule against

the warden making an order for forfeiture referred to in

subregulation (2) may be lodged at the office of the mining

registrar at any time prior to the fixed date, and the warden shall

hear and determine the matter.

[Regulation 49 amended in Gazette 24 Dec 1993 p. 6828.]

50. Notice to holder of mining tenement of intended forfeiture

The Minister may, before declaring under section 96A(1) of the

Act that an exploration licence or retention licence is forfeited

or declaring under section 97(1) a mining lease or general

purpose lease forfeited, as the case requires, cause —

(a) a written notification (which specifies a date on or

before which the holder of the exploration licence or

retention licence, or of the mining lease or general

purpose lease may pay any outstanding rents or royalties

or make written submissions that that holder wishes the

Minister to consider) to be posted to that holder at his

last known place of abode or business giving notice of

the intended forfeiture of the exploration licence or

retention licence, or of the mining lease or general

purpose lease; and

(b) if the exploration licence or retention licence, or the

mining lease or general purpose lease is liable to

forfeiture for non-payment of rent or royalties, a notice

of the intended forfeiture thereof to be posted on the

notice board at the office of the mining registrar and

published in the Government Gazette.

[Regulation 50 amended in Gazette 24 Jun 1994 p. 2931.]




r. 51


51. Application for restoration of tenement

An application under section 97A for restoration of a mining

tenement and cancellation of forfeiture shall be —


(b) accompanied by the prescribed fee;

(c) accompanied by any outstanding rent payable by the

applicant under the Act in relation to the forfeited

tenement; and

(d) lodged at the office of the mining registrar within

30 days of the forfeiture of the mining tenement or such

further period as the warden considers reasonable.


amended in Gazette 24 Jun 1994 p. 2931.]

51A. Notice of application for restoration

Notice of an application made under section 97A(1) shall be in



51B. Objection to application

(1) A notice of objection to the granting of an application under

section 97A(1) shall be —

(a) in the form No. 16 in the First Schedule; and

(b) lodged at the office of the mining registrar within

30 days of the lodging of the application at the office of

the mining registrar or within such further time as the

warden considers reasonable.

(2) A person who lodges a notice of objection referred to in

subregulation (1) shall serve a copy of the notice on the

applicant.



Division 7 Exemptions

r. 52


[Regulation 51B inserted in Gazette 2 Oct 1987 p. 3818;

amended in Gazette 24 Dec 1993 p. 6828; 24 Jun 1994 p. 2931;

3 Feb 2006 p. 519-20.]

52. Reduced expenditure where forfeiture plaint lodged

Notwithstanding regulations 15(1), 21(1) and (1b) and 31(1),

where a plaint for forfeiture of a mining tenement is lodged, a

pro rata reduction in the annual amount to be expended in

respect of the mining tenement applies for each whole month

from the date of lodgment to the date of determination of the

plaint.

[Regulation 52 inserted in Gazette 16 Nov 1990 p. 5728;


53. Notice to mortgagee

Where a mining tenement that is liable to forfeiture is

encumbered by a mortgage then at the same time as notification

is sent to the holder pursuant to regulations 49 and 50 the

warden or Minister as the case may be shall cause a copy of the

notification to be forwarded to the mortgagee by post.

Division 7 — Exemptions

54. Application for certificate of exemption

(1) An application for a certificate of exemption under section 102

shall be made in the form No. 18 in the First Schedule and

lodged at the office of the mining registrar with the prescribed

fee.

(1a) For the purposes of section 102(1), the prescribed period in

which an application may be made, after the end of the year to

which the proposed exemption relates, is 60 days.

(1b) The mining registrar shall, on the lodging of an application for a

certificate of exemption under section 102, post a copy of the

application on the notice board at his office.



Exemptions Division 7

r. 55


(2) An application for a certificate of exemption under

section 102A shall be accompanied by the prescribed fee.

(3) An applicant for a certificate of exemption under section 102 or

102A shall also lodge at the office of the mining registrar,

reasons in the form of a statutory declaration supporting the

application for the certificate of exemption within 28 days after

the lodgment of the application or within any extension of that

period under subregulation (4).

(4) The Minister may, in response to a request made before the

expiry of the 28 day period referred to in subregulation (3),

extend that period.


amended in Gazette 31 May 1991 p. 2698; 13 Oct 1995

p. 4818; 4 Apr 1997 p. 1778; 17 Jan 2003 p. 113.]

55. Objection to application for exemption

(1) A person may within 21 days of the date of lodgement of an

application for a certificate of exemption under section 102, or

within such further period as the warden considers reasonable,

lodge an objection against that application in the form No. 16 in

the First Schedule.

(2) A person who lodges an objection referred to in

subregulation (1) shall serve a copy of the objection on the

applicant.


amended in Gazette 4 Apr 1997 p. 1778; 3 Feb 2006 p. 520.]

56. Evidence in support of application and objection

(1) Where any objection against an application for a certificate of

exemption under section 102 is lodged within the time allowed,

the warden shall receive evidence in open court in support of the

application and in support of any objection so lodged.



Division 7 Exemptions

r. 58


[(2) repealed]


amended in Gazette 31 May 1991 p. 2698 (corrigendum in

Gazette 21 Jun 1991 p. 3057).]

[57. Repealed in Gazette 2 Oct 1987 p. 3818.]

58. Certificate of exemption

A certificate of exemption under section 102 or 102A shall be in


[Regulation 58 amended in Gazette 2 Oct 1987 p. 3819.]

58A. Aggregate exploration expenditure

(1) In this regulation —

“relevant operations report” means a report of the kind

required under section 51, 68(3), 70H(1)(f) or 82(1)(e) —

(a) filed for a combined reporting tenement; and

(b) covering the year or any part of the year to which the

proposed exemption relates.

(2) For the purposes of the definition of “aggregate exploration

expenditure” in section 102(2a), the expenditure is to be worked

out by adding together the total exploration expenditure shown

in each relevant operations report.



General regulations Part V

Marking out mining tenements Division 1

r. 59


Part V — General regulations

Division 1 — Marking out mining tenements

59. Manner of marking out a tenement

(1) Land in respect of which a person is seeking a mining tenement

shall, except where other provision is expressly made, be

marked out —

(a) by fixing firmly in the ground —

(i) at or as close as practicable to each corner or

angle of the land concerned; or

(ii) if there is an existing survey mark at a corner or

angle of the land concerned, as close as

practicable to the survey mark without moving,

changing or otherwise interfering with the survey

mark,

a post projecting at least 1 metre above the ground;

(b) subject to subregulation (3), by either —

(i) cutting 2 clearly identifiable trenches; or

(ii) placing 2 clearly identifiable rows of stones,

each at least 1 metre long from each post in the general

direction of the boundary lines; and

(c) then by fixing firmly to one of the posts as the datum

post, notice of marking out in the form No. 20 in the

First Schedule.

(2) Where the land adjoins other land in respect of which the same

person is seeking or holds a mining tenement, common posts

and, if required, common trenches or common rows of stones

may be used for the marking out of each parcel of land.

(3) Where a post is fixed as close as practicable to an existing

survey mark under subregulation (1)(a)(ii), marking out in the

manner described in subregulation (1)(b) is not required.


Part V General regulations

Division 1 Marking out mining tenements

r. 60


(4) This regulation does not apply to the marking out of a

miscellaneous licence.

[Regulation 59 inserted in Gazette 16 Nov 1990 p. 5728;

amended in Gazette 2 Jul 1993 p. 3271; 15 Aug 2003 p. 3693.]

60. Stones used to support posts

Where, because of the nature of the ground, it is not practicable

to fix posts firmly in the ground as required by regulation 59(1),

stones may be used to support the posts.

[Regulation 60 inserted in Gazette 2 Jul 1993 p. 3271.]

61. Marking out surveyed land

It shall not be necessary to mark out land in respect of which a

mining tenement is sought, the boundaries of which are

identical with any surveyed land, other than by fixing —

(a) at a corner of the boundaries; or

(b) if there is an existing survey mark at a corner of the

boundaries, as close as practicable to the survey mark

without moving, changing or otherwise interfering with

the survey mark,

a datum post to which the notice of marking out in the form

No. 20 in the First Schedule is affixed.


2 Jul 1993 p. 3271.]

62. Surplus land may be applied for by others

(1) A person who makes an application for a mining tenement

which is marked out to comprise an area in excess of the

maximum area provided in the Act for such tenement is, before

the tenement is granted, liable to have the surplus land at either

end, or side, marked out at the option of another person who

wishes to apply for a mining tenement in respect of that surplus

land.



Applications and objections Division 2

r. 63


(2) Subregulation (1) does not apply in respect to any land

containing the workings of the person first marking out, or on

which any permanent building has been erected.

[Regulation 62 amended in Gazette 11 Jun 1999 p. 2544.]

63. Land marked out but not applied for

(1) If a person marks out land as a mining tenement in accordance

with these regulations but fails to lodge an application therefor

within the prescribed time he shall not be at liberty to mark out

any portion of the same land within 21 days from the date of the

first marking out.

(2) A person who, by himself or in collusion with any other person,

causes anything to be done with the intent of defeating the terms

of subregulation (1) commits an offence.

63A. Requirement for marking out following grant of reversion

licence

(1) If, as a result of a reversion licence application, a mining

tenement (the “reversion licence”) is granted in respect of part

of the land the subject of an application for a mining lease (the

“lease application”), the applicant for the mining lease shall, in

the manner provided for in regulation 59, mark out the land that

remains the subject of the lease application as soon as

practicable after the reversion licence is granted.


offence.


Division 2 — Applications and objections

64. Application for mining tenement

(1) Application for a mining tenement shall be in the form No. 21 in

the First Schedule and lodged with the warden by being filed at

the office of the mining registrar within 10 days of marking out

or such further time as the warden considers reasonable.



Division 2 Applications and objections

r. 64


(1a) For the purposes of section 58(1) an application for an

exploration licence, in the form No. 21 of the First Schedule,

includes —

(a) a completed copy of Attachment 1 to form No. 21,

identifying the block or blocks to which the application

relates by number; and

(b) a completed copy of Attachment 2 to form No. 21,

clearly delineating the block or blocks to which the

application relates,

in accordance with section 58(2)(a).

(1b) The prescribed application fee for a mining tenement is set out

in item 2 of the Second Schedule.

(1c) An application for a mining tenement must be accompanied by

ten elevenths of the annual rent set out in item 1 of the Second

Schedule for that tenement.

(2) On receipt of the application the mining registrar shall post a

copy of the application on the notice board at his office.

(3) The applicant shall obtain from the mining registrar sufficient

copies of the application to enable, where applicable, copies to

be served or given in accordance with sections 33, 41, 56A, 70,

85B, 91 or 118 of the Act, and compliance with

subregulations (4), (5) and (6).

(4) The applicant shall affix a copy of the application to the datum

post of the ground applied for within 14 days of the date of

application, or such further period as the warden considers

reasonable, and shall keep the copy intact and legible until the

application is granted, but the affixing of the copy to the datum

post may be dispensed with by the warden upon his being

satisfied that the ground is situated in a remote or unoccupied

locality and such affixing would not effect publicity.

(5) The applicant shall cause an advertisement, containing such

particulars of the application as the Director General of Mines

requires, to be published —




r. 64A


(a) in a newspaper or newspapers; and

(b) on a day of the week,

nominated by the Director General of Mines, within 14 days of

the date of the application or within such further period as the


(5a) Subregulation (5) does not apply in relation to an application for

a special prospecting licence under section 56A, 70 or 85B.

(5b) Subregulation (5) does not apply in relation to a reversion

licence application if the boundaries of the land to which the

application relates are identical to, or located entirely within, the

boundaries of the land the subject of the relevant lease

application or lease applications referred to in

section 120AA(2).

(6) An applicant for a mining tenement in respect of land that is the

subject of a miscellaneous licence shall, in addition to giving

notice of the application as required by the Act and these

regulations, cause a copy of the application to be given to the

holder of the miscellaneous licence within 14 days after lodging

the application.


31 May 1991 p. 2698-9; 31 Jul 1992 p. 3776; 2 Jul 1993

p. 3271; 24 Jun 1994 p. 2931; 13 Oct 1995 p. 4818; 4 Apr 1997

p. 1778; 2 Feb 2001 p. 712-13; 3 Feb 2006 p. 520 and 594.]

64A. Notice of application for prospecting licence, exploration

licence, retention licence or mining lease

For the purposes of sections 41(2), 58(4), 70C(4) and 74(3), the

notice required to be served on the owner and occupier shall

be —


(b) served by the applicant within 14 days of the lodging of

the application to which the notice relates.





r. 64B


64B. Notice of application for mining tenement — pastoral lessee

or other leaseholder

For the purposes of section 118, where notice is required to be

given to the holder of a pastoral lease, or other lease granted by

or on behalf of the Crown for grazing purposes only, that notice

is to be given within 14 days of the lodging of the application to

which the notice relates.

[Regulation 64B inserted in Gazette 24 Jun 1994 p. 2931.]

64C. Copy of application for miscellaneous licence

For the purposes of section 91(9), the prescribed time is 14 days

after the lodging of the application concerned.

[Regulation 64C inserted in Gazette 17 Jan 2003 p. 106.]

65. Number of shares to be stated on application

Every application for a mining tenement shall state the number

of shares in which the tenement is to be held and their division,

but no fractions of shares may be held.

66. Description of boundaries

The boundaries of every mining tenement applied for, other

than an exploration licence, shall be described from either —

(a) an existing survey mark;

(b) a prominent ground feature shown on the public plans of

the Department;

(c) latitude and longitude; or

(d) Map Grid of Australia 1994 coordinates.

[Regulation 66 inserted in Gazette 2 Jul 1993 p. 3271; amended

in Gazette 15 Dec 2000 p. 7219.]

[66A. Repealed in Gazette 4 Apr 1997 p. 1778.]




r. 67


67. Objection against application

(1) Within 35 days of the date of application for a mining tenement

or such further period as the warden considers reasonable any

person may lodge at the office of the mining registrar an

objection in the form No. 16 in the First Schedule and the

objector shall serve a copy of such objection on the applicant.

(2) Notwithstanding subregulation (1), where an application is

made for a mining tenement that relates to private land, the

period during which a person may lodge an objection is —

(a) within 21 days of the date on which the person was

served with a copy of notice required to be given under

section 33(1); or

(b) within 35 days of the date of the application,

whichever period ends later, or such further period as the


[Regulation 67 amended in Gazette 31 May 1991 p. 2699;

2 Jul 1993 p. 3272; 24 Dec 1993 p. 6828.]

[67A. Repealed in Gazette 4 Apr 1997 p. 1778.]

68. Warden may obtain report

Prior to making any recommendation or granting any

application for a mining tenement, the warden may obtain a

report from the Director, Geological Survey or any other officer

of the Department.


69. Withdrawal of applications

An applicant for a mining tenement may, at any time before the

granting of the application, apply to withdraw his application by

lodging a withdrawal in the form No. 22 in the First Schedule,

but if —




r. 69A


(a) the land in respect of which the application is made is

private land; and

(b) the owner, or occupier, of the private land referred to in

paragraph (a) has lodged an objection to the application,

the application shall not be withdrawn without leave of the

warden at the hearing of the application.


69A. GST to be paid at time of grant of application


“prescribed application” means an application for a mining

tenement that is made after 5 February 2001.

(2) A prescribed application shall not be granted unless the

applicant pays one eleventh of the annual rent that was

prescribed for that tenement at the time the application was

made.

(3) Written notice requiring the payment of the amount referred to

in subregulation (2) within 30 days of the date of the issue of the

notice may be given to the applicant.

(4) If an applicant does not pay the amount referred to in

subregulation (2) as required by such a notice, the prescribed

application may be refused.

[Regulation 69A inserted in Gazette 2 Feb 2001 p. 713;

amended in Gazette 17 Jan 2003 p. 113.]

70. Refund of rent on withdrawal or refusal of application

If an application for a mining tenement is withdrawn under

regulation 69 or is refused, the applicant is entitled to a refund

of the amount of all rent paid.

[Regulation 70 inserted in Gazette 2 Oct 1987 p. 3819.]




r. 70A


70A. Amalgamation of secondary tenement

(1) An application to amalgamate a secondary tenement under

section 67A shall —

(a) be lodged at the office of the mining registrar;

(b) be accompanied by —

(i) a map of the secondary tenement; and

(ii) the instrument of licence;

and

(c) state whether —

(i) private land; or

(ii) land to which sections 24 and 25 apply,

is affected.

(2) Where private land is affected by an application the provisions

of section 29 shall apply.

(3) If an application to amalgamate a secondary tenement under

section 67A(1) is granted, the applicant is entitled to a pro rata

refund of rent paid on the secondary tenement for the period

commencing on the day on which the application is granted.


subregulation (3) only whole months of the period referred to in


[Regulation 70A inserted in Gazette 2 Oct 1987 p. 3819-20;

amended in Gazette 24 Jun 1994 p. 2932; 13 Oct 1995

p. 4818-19.]

70B. Agreement as to priority

A written agreement referred to in section 105A(3) shall be

lodged within 60 days of the day on which the applications for

licences or leases, as the case may be, were lodged.

[Regulation 70B inserted in Gazette 31 May 1991 p. 2699.]




r. 70C


70C. Refund where licence substituted or lease refused

(1) Where an application for a mining lease or general purpose

lease is made under section 49, section 67 or section 70L and a

lease is granted, the applicant is entitled to a pro rata refund of

the balance of any portion of unused rent which has been paid

on the prospecting licence, exploration licence or retention

licence formerly held by the applicant.

(2) Where an application described in subregulation (1) is refused,

and the term of the prospecting licence, exploration licence or

retention licence held by the applicant has been extended

beyond its normal expiry date under section 49, section 67 or

section 70L, the applicant shall receive a pro rata refund of any

portion of unused rent which has been paid on the licence.

(3) When calculating a pro rata refund for the purposes of this

regulation, only whole months of the term that is remaining

shall be the subject of refund.

[Regulation 70C inserted in Gazette 31 May 1991 p. 2699;


70D. Refund when retention licence granted or refused

(1) Where an application for a retention licence is made by the

holder of a primary tenement under section 70C of the Act and

the licence is granted, the applicant is entitled to a pro rata

refund of the balance of any portion of the unused rent which

has been paid on the primary tenement by the applicant.

(2) Where an application described in subregulation (1) is refused

and the term of the primary tenement has been extended —

(a) beyond its normal expiry date under section 70C(6) of

the Act; and

(b) for a period of 30 days following that refusal under

section 70C(6)(b) of the Act,

the applicant is entitled to a pro rata refund of the balance of any

portion of the unused rent which has been paid on the primary

tenement by the applicant.



Boundary marks Division 3

r. 70E


(3) When calculating a pro rata refund for the purposes of this

regulation, only whole months of the term that is remaining

shall be the subject of the refund.

[Regulation 70D inserted in Gazette 24 Jun 1994 p. 2932.]

70E. Partial refund of application fee in certain circumstances

An applicant for a mining tenement is entitled to a refund of

$110 of the application fee paid by the applicant if —

(a) the application is withdrawn or refused before any

public notification required under Part 2 Division 3 of

the Native Title Act 1993 of the Commonwealth in

connection with the application occurs; or

(b) the Director General of Mines is satisfied that there is no

requirement for such public notification in connection

with the application.

[Regulation 70E inserted in Gazette 15 Aug 2003 p. 3694.]

Division 3 — Boundary marks

71. Boundary marks to be maintained

The applicant for, or holder of, a mining tenement shall

maintain posts or trenches or other sufficient boundary marks

required by the Act and these regulations.


72. No liability for mining if boundary marks not maintained

If posts or trenches or other sufficient boundary marks are not

maintained on a mining tenement as provided in regulation 71

and a person enters and commences mining thereon, he shall not

be liable for damage if he ceases mining thereon as soon as the

posts are replaced, or the trenches or other sufficient boundary

marks are renewed, and notice in writing is given to him to

withdraw.




Division 3A Fossicking

r. 73


73. Holder to identify boundaries

The holder of a mining tenement shall at any reasonable time

identify or cause to be identified the boundaries of the tenement

for any person requiring the information, by pointing out to that

person the posts, trenches and other boundary marks of the

tenement or by supplying a plan or description thereof.


74. False documents/notices not to be posted

A person who posts up a false document or notice affecting a

mining tenement or an application therefor with the intent to

deceive or mislead any other person commits an offence.

Division 3A — Fossicking

[Heading inserted in Gazette 2 Oct 1987 p. 3820.]

74A. Means of fossicking

(1) The holder of a Miner’s Right may fossick by means of hand

tools only.

(2) The holder of a Miner’s Right shall not fossick by means of a

metal detector, machinery or machine assisted tools, including

vehicle drawn scrapers, graders and similar tools, on any land.


Division 4 — Transfers, caveats, mortgages

75. Transfer of tenement

Unless otherwise provided in the Act or these regulations the

holder of a mining tenement may apply to transfer the whole of

it or an interest in it by lodging a transfer in the form No. 23 in

the First Schedule with the prescribed fee, but —

(a) every transfer shall be accompanied by the instrument of

lease or licence (if issued) and, where applicable, a



Transfers, caveats, mortgages Division 4

r. 76


security similar to that required under sections 26, 52,

60 or 70F of the Act;

(b) when 2 or more tenements, the property of the same

holder, are to be transferred, a separate transfer shall be

executed for each;

(c) when a tenement is held by several holders, and 2 or

more of such holders desire to transfer the whole or

portion of their interests, a separate transfer shall be

executed by each holder;

(d) when all holders desire to simultaneously transfer the

whole tenement, one transfer, executed by all the

holders shall be sufficient;

(e) when a holder desires to transfer portions of his interest

in a tenement to 2 or more persons a separate transfer for

each interest transferred shall be executed;

(f) all transfers shall take priority according to the date and

time of their registration; and

(g) when —

(i) a mining tenement is encumbered by a mortgage;

or

(ii) a share in a mining tenement is encumbered by a

mortgage and the transfer affects that share,

the transfer shall be accompanied by the written consent

of the affected mortgagee.

[Regulation 75 amended in Gazette 31 May 1991 p. 2699;

24 Jun 1994 p. 2933.]

76. Lodgment of caveats

(1) For the purposes of section 122A a caveat shall be —


(b) accompanied by the prescribed fee.

(2) A separate caveat shall be lodged in respect of each mining

tenement affected.



Division 4 Transfers, caveats, mortgages

r. 76A



76A. Withdrawal of caveats

One or more caveats may be withdrawn by lodging a

withdrawal of caveat in Form 24A in the First Schedule with the

prescribed fee.

[Regulation 76A inserted in Gazette 31 Jul 1992 p. 3776.]

76B. Notification of registration of surrender

For the purposes of section 122(2), notification of the

registration of a surrender under section 26A or 65 shall be sent

by registered post to the caveator.

[Regulation 76B inserted in Gazette 24 Jun 1994 p. 2933;


77. Mortgage

A mortgage shall be —

(a) lodged in the form No. 25 in the First Schedule; and




79. Covenants included in mortgage

(1) A mortgage may contain such covenants, provisions,

stipulations and powers as may be agreed between the parties.

(2) Except as is otherwise provided by a mortgage there shall be

deemed to be included in every mortgage —

(a) stipulations to the following effect:

That during the continuance of the security the

mortgagee may (at the expense of the mortgagor) when

the mortgagor neglects or refuses so to do, do all such

acts and things as may be necessary for the preservation

or protection of the property comprised in the mortgage



Transfers, caveats, mortgages Division 4

r. 79


and of the title thereto and in particular may fulfil the

conditions applicable to that property, and obtain

exemptions from those conditions.

(b) powers to the following effect:

That if default is made by the mortgagor in repayment or

discharge of the moneys secured by the mortgage for a

period of one month after demand, or if the mortgagor

fails to perform or observe any of the covenants

contained in the mortgage and on the part of the

mortgagor to be observed and performed the mortgagee

may —

(i) enter upon and take possession of the property

comprised in the mortgage, or any part thereof,

and work or let the same, subject to the

provisions of the Act, but in that case the

mortgagee shall be liable to account to the

mortgagor for the rents and profits of such

property until the mortgagor’s right to redeem

the same has been determined by sale or

otherwise; or

(ii) cause the property comprised in the mortgage, or

any part thereof, together with any right, title or

interest the mortgagor may have in any mining

product from the property, to be sold by auction

after having not less than 30 days clear before

the date of sale —

(I) advertised his intention so to do by such

means as the Minister approves; but —

(II) the mortgagee shall, at any such auction

be at liberty to bid for and purchase the

property or any part thereof;

(III) if the mortgagee is unable to obtain at

any public auction a sum sufficient to

discharge the debt or liability due to

him from the mortgagor he may sell the



Division 4 Transfers, caveats, mortgages

r. 80


property, or any part thereof, by private

contract;

(IV) if, after sale, there remains a balance

over and above the amount due to the

mortgagee, he shall lodge a statement of

account at the office of the mining

registrar together with such balance for

payment to any other mortgagees

according to their respective priorities,

and to the mortgagor.

80. Mortgagee’s expenses may be added to security

All expenses properly incurred by the mortgagee under the

covenants, stipulations, agreements, or powers contained or

implied in the mortgage together with interest thereon from the

date of disbursement, at the rate named in the mortgage with

respect to the principal moneys thereby secured, may be added

to the security.

81. Transfer under powers contained in mortgage

When a mining tenement secured by a mortgage is sold under

the powers contained or implied therein, the mortgagee shall as

if he were the holder execute a transfer of the tenement in the

form No. 23 in the First Schedule and the transfer requirements

of this Division shall be complied with.

82. Redemption of mortgage

The mortgagor, on paying the money or discharging the

liabilities secured by the mortgage, shall be entitled to redeem

the mortgage at any time prior to a sale of the property the

subject of the mortgage.

83. Discharge of mortgage

When the debt or liability secured by a mortgage has been fully

paid or discharged the mortgagee shall lodge an instrument of



Lodgment of instruments and the register Division 4A

r. 84


discharge, in Form 26 or 26A, as applicable, in the First

Schedule with the prescribed fee and the instrument of lease or

licence (if issued).

[Regulation 83 amended in Gazette 31 Jul 1992 p. 3776.]

84. Transfer of mortgage

A mortgage may be transferred and the transfer shall be lodged

with the prescribed fee and the instrument of lease or licence (if

issued).

Division 4A — Lodgment of instruments and the register

[Heading inserted in Gazette 3 Feb 2006 p. 521.]

84A. Lodgment of instruments

An instrument to which section 103C applies shall be —

(a) lodged for registration at the office of the mining

registrar or at the Department at Perth; and



84B. Provisional lodgment


“allowed period” means —

(a) the period referred to in subregulation (4); or

(b) if an extension of that period is granted under

subregulation (8), the extended period.

(2) This regulation applies to the following instruments —

(a) an instrument accepted for provisional lodgment under

section 103D(1); and

(b) a caveat accepted for provisional lodgment under

section 122B(1).



Division 4A Lodgment of instruments and the register

r. 84B


(3) The time and date of lodgment of the instrument shall be

entered in the register as the time and date at which registration

was effected but the word “provisional” shall be entered in the

register next to the entry specifying that time and date.

(4) An authorised officer shall, by notice in writing to the person

who lodged the instrument, direct the person to ensure that the

error or defect in the instrument is corrected within the period

specified in the notice.

(5) Where a direction is given under subregulation (4) in relation to

an instrument —

(a) if the direction is complied with within the allowed

period, the word “provisional” shall be deleted from the

register; or

(b) if the direction is not complied with within the allowed

period, the instrument shall be taken to have been

rejected and the register shall be so endorsed.

(6) If the word “provisional” is entered in the register next to an

entry specifying a time and date in relation to a time and date of

lodgment of an instrument, the instrument shall be taken not to

have been registered.

(7) If the word “provisional” is deleted from the register under

subregulation (5)(a), the instrument shall be taken to have been

registered from and including the time and date specified in the

register under subregulation (3).

(8) An authorised officer —

(a) may, for reasonable cause, extend the period specified in

the notice for the correction of any error or defect

provided the request to extend is made, in writing by or

on behalf of the person who lodged the instrument,

before the expiry of that period; and

(b) shall, by notice in writing to the person who requested

the extension, advise whether an extension has been

granted.



Lodgment of instruments and the register Division 4A

r. 84C


[Regulation 84B inserted in Gazette 3 Feb 2006 p. 521-2.]

84C. Content of register

The register is to contain the following particulars —

(a) in relation to an application for a mining tenement —

(i) the particulars shown on the prescribed form of

application; and

(ii) the approval of the application and the terms and

conditions of that approval, or the refusal or

withdrawal of the application, as the case may

be;

(b) in relation to a mining tenement —

(i) all rental payments;

(ii) moneys expended or deemed to be expended in

mining on or in connection with mining on the

tenement;

(iii) particulars of exemptions;

(iv) particulars of dealings and other instruments

affecting the tenement that are required to be

entered in the register under the Act;

(v) the name of the registered holder and the number

of shares held; and

(vi) the surrender, forfeiture or other cancellation of

the tenement;

(c) such other particulars relating to a mining tenement or

an application for a mining tenement as the Director

General of Mines considers necessary.

[Regulation 84C inserted in Gazette 3 Feb 2006 p. 522-3.]

84D. Fees for copies of entries, dealings, etc.

For the purposes of section 103F(4) the fees set out in item 3 of

the Second Schedule are prescribed.



Division 5 Production and royalties

r. 84E



84E. Amendment of register

An application to amend particulars in the register shall be —

(a) made in the form No. 30 in the First Schedule; and

(b) lodged at the office of the mining registrar or the

Department at Perth.


84F. Inclusion of information in register despite late lodgment of

report


“prescribed period”, in relation to a report, means the period

within which the report is required to be filed or lodged

under regulation 16, 22, 23E or 32, as the case requires.

(2) An officer of the Department may extract information from a

report referred to in regulation 16, 22, 23E or 32 for the purpose

of including it in the register despite the fact that the report was

received at the Department after the expiry of the prescribed

period.

[Regulation 84F inserted in Gazette 3 Feb 2006 p. 523.]

Division 5 — Production and royalties

85. Interpretation of Division

(1) In this Division, unless the contrary intention appears —

“allowable deductions”, in relation to a mineral, means —

(a) the amount, in Australian currency, of any reasonable

costs incurred in transporting the mineral, in the form

in which it is first sold, where those costs —

(i) are incurred after the shipment date by the

person liable to pay the royalty for the

mineral; and



Production and royalties Division 5

r. 85


(ii) relate to transport of the mineral by a person

other than the person liable to pay the royalty

for the mineral;

and

(b) the price, in Australian currency, paid or to be paid

by the person liable to pay the royalty for the mineral,

for packaging materials used in transporting the

mineral, in the form in which it is first sold;

“concentrate” means the product of a process of extraction of

metal or a metallic mineral from mineral ore that results in

substantial enrichment of the metal or metallic mineral

concerned;

“gross invoice value”, in relation to a mineral, means the

amount, in Australian currency, obtained by multiplying

the quantity of the mineral, in the form in which it is first

sold, for which payment is to be made (as set out in

invoices relating to the sale) by the price for the mineral in

that form (as set out in those invoices);

“nickel by-product” means a by-product or co-product of

nickel mining or processing;

“purchaser”, in relation to a mineral, means the person to

whom the mineral is first sold;

“quarter” means any one of the 3 monthly periods of any year

ending on 31 March, 30 June, 30 September or

31 December;

“related corporation”, in relation to a body corporate (the

“first body corporate”), means a body corporate that,

under section 50 of the Corporations Act, is related to the

first body corporate;

“royalty value”, in relation to a mineral other than gold, means

the gross invoice value of the mineral less any allowable

deductions for the mineral;

“shipment date”, in relation to a mineral, means —




r. 85AA


(a) if the mineral is exported from Australia, the day on

which the aircraft or ship transporting the mineral

first leaves port in this State; or

(b) if the mineral is not exported from Australia, the day

on which the mineral is first loaded on a vehicle for

transport to the purchaser;

“sold” includes transferred, shipped or otherwise disposed of,

and “sale” has a corresponding meaning.

(2) In this Division a reference to a mineral includes a reference to

a material containing that mineral.

[Regulation 85 inserted in Gazette 16 Jun 2000 p. 2953;

amended in Gazette 28 Sep 2001 p. 5357-8; 14 Dec 2001

p. 6403-4; 23 Jul 2002 p. 3425; 13 Dec 2002 p. 5803;

17 Jan 2003 p. 113.]

85AA. Effect of GST etc. on royalties

(1) For the purposes of this Division, a reference to a royalty value,

or a price, of a mineral is to be treated as a reference to that

value or price, reduced by an amount equal to the net GST (if

any) payable on the supply to which the value or price relates.

(2) For the purposes of this Division, a reference to the value of a

mineral at a particular point in its production (other than its

supply), or in a particular form, is to be treated as a reference to

that value, reduced by an amount equal to the amount of GST

that would be payable if the mineral were supplied at that point,

or in that form.

(3) If, when determining a value or price of a mineral (for the

purposes of this Division), an amount (an “expense”) that

relates to obtaining that mineral may be deducted from another

amount, the amount that may be deducted is reduced by an

amount equal to the net input tax credit (if any) that arises in

relation to the expense.

(4) The “net input tax credit” that arises in relation to an expense

is —




r. 85AB


(a) the input tax credit that arises in relation to that expense;

plus

(b) the sum of any decreasing adjustments in relation to that

expense; minus

(c) the sum of any increasing adjustments in relation to that

expense.

(5) In this regulation, “decreasing adjustment”, “GST”,

“increasing adjustment”, “input tax credit”, “net GST” and

“supply” have the respective meanings given by section 195-1

of the A New Tax System (Goods and Services Tax) Act 1999 of

the Commonwealth.

[Regulation 85AA inserted in Gazette 16 Jun 2000 p. 2953-4;

amended in Gazette 14 Dec 2001 p. 6404.]

85AB. Conversion to Australian currency


“RBA rate” means the daily representative rate used by the

Reserve Bank of Australia.

(2) Where, for the purposes of determining the amount of royalty

payable for a mineral, it is necessary to convert an amount or a

price (other than a price to which subregulation (3) applies) to

Australian currency, the conversion is to be calculated using the

average of the RBA rates for the quarter in which the shipment

date for the mineral occurred.

(3) Where, for the purposes of the definition of “gold spot price” in

regulation 86AA(11), it is necessary to convert a price to

Australian currency, the conversion is to be calculated —

(a) using the RBA rate for the day on which the price was

fixed; or

(b) if there is no RBA rate for that day, using the last RBA

rate before that day.

[Regulation 85AB inserted in Gazette 14 Dec 2001 p. 6404-5;

amended in Gazette 13 Dec 2002 p. 5803-4.]




r. 85A


85A. Quarterly production reports

(1) The holder of a mining tenement, and the applicant for a mining

tenement in respect of any land, shall, unless the Director

General of Mines in a particular case otherwise approves,

furnish the Director General of Mines with a production report

in the form No. 27 in the First Schedule —

(a) within 30 days after the expiry of the first quarter after

31 December 2002 during which any mineral other than

gold is produced or obtained from that mining tenement or

land; and

(b) within 30 days after the expiry of each subsequent

quarter (whether or not any mineral other than gold is

produced or obtained from that mining tenement or land

in that quarter).

(2) The holder of a mining tenement, and the applicant for a mining

tenement in respect of any land, shall, unless the Director

General of Mines in a particular case otherwise approves,

furnish the Director General of Mines with a production report

in the form No. 27A in the First Schedule —

(a) within 30 days after the expiry of the first quarter after

31 December 2002 during which gold metal is to be

regarded because of regulation 86AA as having been

produced from gold bearing material produced or

obtained from that mining tenement or land; and

(b) within 30 days after the expiry of each subsequent

quarter (whether or not gold metal is to be regarded

because of regulation 86AA as having been produced

from gold bearing material produced from that mining

tenement or land during that quarter).

(3) A person who contravenes subregulation (1) or (2) commits an

offence.

[Regulation 85A inserted in Gazette 13 Dec 2002 p. 5804.]




r. 85B


85B. Royalty return

(1) The holder of, or applicant for, a mining tenement shall, on each

occasion that he pays royalties to the Department forward with

the royalties a royalty return, in a form approved by the

Minister, showing in full the details required to calculate those

royalties, including, where relevant —

(a) the quantity of the mineral;

(b) details, including relevant terms and other parties

involved, of any sale of the mineral;

(c) the value, or royalty value of the mineral;

(d) the gross invoice value of the mineral, when it was paid,

and any allowable deductions for the mineral;

(da) in the case of a royalty part-payment under

regulation 86A, the method of calculating the royalty

part-payment and details of the amount of the relevant

part-payment of gross invoice value and when it was

paid;

(e) in the case of a mineral other than gold, the rate of

royalty used where that rate is different from the rate set

out opposite the mineral in the Table to regulation 86.


offence.

(3) Subregulation (1) does not apply to the tenement holder as

defined in the Mining (Ellendale Diamond Royalties)

Regulations 2002 in relation to royalties payable under those

regulations.

[Regulation 85B inserted in Gazette 20 May 1988 p. 1705;

amended in Gazette 3 Oct 1997 p. 5530; 14 Dec 2001 p. 6405;

8 Feb 2002 p. 607.]

86. Rates of royalty

(1) When any of the minerals prescribed in this regulation are

obtained from a mining tenement, or from land the subject of an




r. 86


application for a mining tenement, royalties shall be paid by the

holder of, or applicant for, the mining tenement.

(2) The rate of royalty payable for a mineral referred to in the Table

to this regulation is as set out opposite the mineral in column 1,

2 or 3 of that Table, unless otherwise provided in these

regulations.

(2a) In the Table to this regulation —

“Amount A” means —

(a) for the year 1 July 2005 to 30 June 2006, 34 cents;

(b) for the year 1 July 2006 to 30 June 2007, 38 cents;

(c) for the year 1 July 2007 to 30 June 2008, 42 cents;

(d) for the year 1 July 2008 to 30 June 2009, 46 cents;

(e) for the year 1 July 2009 to 30 June 2010, 50 cents;

(f) for the 5 year period beginning on 1 July 2010 and

ending on 30 June 2015 and for each succeeding

5 year period (the “relevant period”), the amount

calculated under subregulation (2b) or provided for in

subregulation (2d), as the case requires;

“Amount B” means —

(a) for the year 1 July 2005 to 30 June 2006, 56 cents;

(b) for the year 1 July 2006 to 30 June 2007, 62 cents;

(c) for the year 1 July 2007 to 30 June 2008, 68 cents;

(d) for the year 1 July 2008 to 30 June 2009, 74 cents;

(e) for the year 1 July 2009 to 30 June 2010, 80 cents;

(f) for the 5 year period beginning on 1 July 2010 and

ending on 30 June 2015 and for each succeeding

5 year period (the “relevant period”), the amount

calculated under subregulation (2b) or provided for in

subregulation (2d), as the case requires.

(2b) Subject to subregulations (2c) and (2d), the amount for the

relevant period is the amount calculated using the formula —




r. 86


3.127

PPICR

where —

R is the amount;

C is —

(a) for the purposes of Amount A, 50 cents;

(b) for the purposes of Amount B, 80 cents;

PPI is the Non-Metallic Mineral Products Price Index

number, for the quarter ending on the last 31 March

before the beginning of the relevant period, published by

the Australian Bureau of Statistics in Catalogue 6427.0

Producer Price Indexes, Australia.

(2c) If the calculation provided for in subregulation (2b) does not

result in an amount of whole cents the amount is to be rounded

down to the nearest whole cent and the rounded amount is to be

regarded as the amount calculated under that subregulation.

(2d) If the amount calculated under subregulation (2b) is less than

the amount that applied immediately before the beginning of the

relevant period (the “existing amount”), the amount for the

relevant period is the existing amount.

(3) This regulation does not apply to diamond obtained from the

Ellendale mining lease as defined in the Mining (Ellendale

Diamond Royalties) Regulations 2002.

Table

Column 1 Column 2 Column 3

Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Aggregate Amount A

Attapulgite 5%

Bauxite 7½% Building Stone Amount B

Chromite 5%




r. 86



Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Clays Amount A Coal

(including

lignite) — not exported

$1 per tonne, to be adjusted each year at

30 June in accordance with the percentage

increase in the average ex-mine value of Collie coal for the year ending on that date

when compared with the corresponding value

of Collie coal for the year ending on 30 June 1981.

— exported 7½% Cobalt The rate is —

(a) if sold as a concentrate, 5% of the

royalty value; (b) if sold in metallic form, 2½% of the

royalty value; or

(c) if sold as a nickel by-product — (i) in the period beginning on

1 July 2000 and ending on

30 June 2005 — (I) 2½% of the royalty

value; or

(II) if an election is made under

regulation 86AB(2), the

rate calculated in accordance with the

formula set out in

subparagraph (ii); (ii) after 30 June 2005, the rate

calculated in accordance with

the following formula —

per tonne $R100

2.5 x

100

U x P




r. 86



Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Where — P = the gross cobalt metal

price per tonne f.o.b. in

Australian currency or its computed equivalent

used for the purpose of

calculating the actual sale price of cobalt metal

in the nickel by-product (under usual conditions

of sale, without special

discounts); U = the number of units per

hundred of cobalt metal

in the nickel by-product sold;

R = the royalty.

Copper The rate is — (a) if sold as a concentrate, 5% of the

royalty value;

(b) if sold in metallic form, 2½% of the royalty value; or

(c) if sold as a nickel by-product after

30 June 2005, the rate calculated in accordance with the following

formula —

per tonne $R100

2.5 x

100

U x P

Where —

P = the gross copper metal price per

tonne f.o.b. in Australian

currency or its computed

equivalent used for the purpose

of calculating the actual sale price of copper metal in the

nickel by-product (under usual

conditions of sale, without special discounts);

U = the number of units per hundred

of copper metal in the nickel by-product sold;

R = the royalty. Diamond 7½%

Dolomite Amount A

Feldspar 5%




r. 86



Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Garnet The rate shall be — (a) 5% for the usual grades of garnet

including that used for sand blasting

and filtration; (b) 2½% for higher technology grades

including that used for garnet paper

and polishing purposes, of the royalty value, calculated on the basis of

the nearest available port if exported. Gems and

Precious Stones

7½%

Gravel Amount A Gypsum Amount A

Ilmenite (other than

ilmenite feedstock as defined in

regulations 86AC)

5%

Iron Ore — beneficiated ore

(iron ore that has

been concentrated or upgraded

otherwise than by

crushing, screening,

separating by

hydrocycloning or a similar

technology,

washing, scrubbing,

trommelling or

drying, or by a combination of 2

or more of those

processes)

5%

fine ore (iron ore,

excluding

beneficiated ore, that will pass

through a 6 mm

mesh screen)

5.625%

lump ore (iron

ore, excluding

beneficiated ore, that will not pass

through a 6 mm

mesh screen)

7.5%

Kaolin 5%




r. 86



Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Lead The rate is — (a) if sold as a concentrate, 5% of the

royalty value; or

(b) if sold in metallic form, 2½% of the royalty value.

Leucoxene 5%

Limestone (including

limesands and shellsands) —

used for

agricultural or construction

purposes or as a

neutralising agent

Amount A

used for

metallurgical

purposes

Amount B

Lithium Minerals 5%

Manganese 7½%

Manganese (beneficiated by the

producer in Western

Australia Otherwise than by crushing,

screening, washing,

scrubbing, trommelling or

drying, or by a

combination of 2 or more of those

processes)

5%

Nickel In accordance with the following formula:

per tonne R$ =

100

2.5 U

x

100

P

Where P = the gross nickel metal price per

tonne f.o.b. in Australian currency or its computed equivalent used for the

purpose of calculating the actual sale

price of the nickel containing product (under usual conditions of sale, without

special discounts).

Where U = the number of units per hundred of nickel metal in the nickel-containing

products sold.

Where R = the royalty. Ochre 5%

Platinoids 2½%




r. 86



Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Rock Amount A Rutile 5%

Salt Amount A

Sand Amount A Semi-precious

stones (including

specimen stones)

7½%

Silica Amount B

Silver 2½% Spongolite 5%

Talc Amount B

Tantalum The rate is — (a) in the period beginning on

1 January 2003 and ending on

30 June 2003 — (i) 3.3% of the royalty value if

sold as concentrate;

(ii) 3.3% of the value in concentrate form if

processed further before

sale; (b) in the period beginning on

1 July 2003 and ending on

30 June 2004 — (i) 4.1% of the royalty value if

sold as concentrate;

(ii) 4.1% of the value in concentrate form if

processed further before

sale; and

(c) on or after 1 July 2004 —

(i) 5% of the royalty value if sold as concentrate;

(ii) 5% of the value in

concentrate form if processed further before

sale.

Tin 2½% of the royalty value of tin metal when sold in that form; or, when sold in any other

form, 2½% of the value of the contained tin

calculated at the ruling price of tin metal used for the purpose of the sale

Zinc The rate is —

(a) if sold as a concentrate, 5% of the royalty value; or

(b) if sold in metallic form, 2½% of the

royalty value. Zircon 5%




r. 86AA



Mineral Amount per

tonne according

to quantity

produced or

obtained

Percentage of

the royalty

value

The rate as

specified hereunder

Any other mineral not specifically listed

in this Table,

excluding gold metal as defined in

regulation 86AA and

ilmenite feedstock as defined in regulation

86AC

The rate is — (a) if sold as crushed or screened material,

7.5% of the royalty value; or

(b) if sold as a concentrate, 5% of the royalty value.

[Regulation 86 amended in Gazette 6 Aug 1982 p. 3099;

21 Aug 1987 p. 3268; 20 May 1988 p. 1706; 22 Jun 1990

p. 3073; 18 Dec 1992 p. 6127; 19 May 1995 p. 1881;

15 Dec 1995 p. 6115; 3 Oct 1997 p. 5531; 17 Mar 1998

p. 1434-5; 19 Nov 1999 p. 5791-2; 16 Jun 2000 p. 2954-6;

30 Jun 2000 p. 3473-4; 5 Jan 2001 p. 125; 27 Apr 2001

p. 2202; 17 Aug 2001 p. 4347; 14 Dec 2001 p. 6405;

8 Feb 2002 p. 607; 23 Jul 2002 p. 3425; 27 Aug 2002

p. 4356-7; 13 Dec 2002 p. 5805; 20 Aug 2004 p. 3619-21;

28 Jan 2005 p. 360; 7 Feb 2006 p. 622-3; 4 Apr 2006 p. 1409.]

86AA. Rates of royalty in respect of gold

(1) When gold metal is produced from gold bearing material that

was produced or obtained from a mining tenement, royalties

shall be paid by the holder of, or applicant, for the mining

tenement.

(2) No royalty is payable in respect of gold metal produced before

the commencement of the period referred to in

subregulation (3).

(3) The rate of royalty payable for gold metal produced during the

period commencing on 1 July 1998 and ending on 30 June 2000

is 1.25% of the royalty value of the gold metal produced.

(4) Subject to subregulation (5), the rate of royalty payable for gold

metal produced after 30 June 2000 is 2.5% of the royalty value

of the gold metal produced.




r. 86AA


(5) If, during the period commencing on 1 July 2000 and ending on

30 June 2005, the average gold spot price for a quarter is less

than $450 per ounce in Australian currency, the rate of royalty

payable for gold metal produced during that quarter is 1.25% of

the royalty value of the gold metal produced.

(6) Despite anything in this regulation, no royalty is payable in

respect of the first 2 500 ounces of gold metal produced during

a financial year from gold bearing material produced or

obtained from the same gold royalty project.

(7) The royalty value of gold metal produced shall be calculated for

each month in the relevant quarter by multiplying the total gold

metal produced during that month by the average of the gold

spot prices for that month.

(8) If gold bearing material is delivered to a refinery within

3 months after it, or gold bearing material from which it was

produced, was taken from the ground —

(a) gold metal is to be regarded as being produced from the

gold bearing material at the time of delivery to the

refinery; and

(b) the amount of gold metal that is to be regarded as being

produced from gold bearing material delivered within a

particular period is to be —

(i) the amount actually produced as ascertained by

the Director General of Mines from the deliverer

after that amount has been verified by the refiner;

or

(ii) the amount determined by the Director General

of Mines, after consultation with the deliverer, to

be a reasonable estimate of the gold metal

content.

(9) If gold bearing material is produced or obtained in a form that is

acceptable for delivery to a refinery but subregulation (8) does

not apply —




r. 86AA


(a) gold metal is to be regarded as being produced from the

gold bearing material at the time that a determination is

made under paragraph (b) as to the amount of gold metal

that the gold bearing material contained; and

(b) the amount of gold metal that is to be regarded as being

produced from the gold bearing material is to be the

amount determined by the Director General of Mines,

after consultation with the person liable to pay the

royalty, to be a reasonable estimate of the gold metal

content.

(10) If —

(a) after an amount has been determined under

subregulation (8)(b)(ii) to be a reasonable estimate of

the gold metal content of gold bearing material delivered

to a refinery, the Director General of Mines is satisfied

by information given by the deliverer that the amount of

gold metal actually produced from that gold bearing

material differs from the estimated amount; or

(b) after an amount has been determined under

subregulation (9)(b) to be a reasonable estimate of the

gold metal content of gold bearing material, the Director

General of Mines is satisfied by information given by

the deliverer that the gold bearing material was

delivered to a refinery and the amount of gold metal

actually produced from that gold bearing material differs

from the estimated amount,

any necessary adjustment is to be made and may be taken into

account in the next royalty payment made after that information

is given to the Director General of Mines.


“deliverer” means the person who produces the gold bearing

material that is delivered to a refinery;

“gold bearing material” is material of any kind containing

gold;




r. 86AA


“gold metal” means gold that is at least 99.5% pure;

“gold royalty project” means —

(a) subject to subregulation (12), the mining tenement or,

if there is more than one, all mining tenements from

which anyone produces or obtains gold bearing

material that is treated or processed at a common —

(i) treatment facility; or

(ii) combination of treatment facilities;

or

(b) such other arrangement for producing, obtaining or

treating of gold bearing material as is designated by

the Minister under subregulation (13)(a);

“gold spot price” means —

(a) the price fixed on the London Bullion Market for

gold metal and known as the “London PM Fix”, as

converted to Australian currency; or

(b) such other price as is determined by the Minister

under subregulation (13)(b);

“mining tenement” includes land the subject of an application

for a mining tenement;

“refiner” means the operator of a refinery;

“refinery” means a place where gold metal is produced;

“treatment facility” means any plant at which gold bearing

material is treated or processed, but does not include a

refinery.

(12) The Director General of Mines may approve in writing of

mining tenements being treated as separate gold royalty

projects, as specified in the approval, if satisfied that they are

not all held by the same person or by persons between whom

the Director General of Mines considers there to be a

connection such that the mining tenements can fairly be treated

as forming part of the same gold royalty project.




r. 86AB


(13) The Minister may, by notice published in the Gazette —

(a) designate an arrangement for producing, obtaining or

treating gold bearing material for the purposes of

paragraph (b) of the definition of “gold royalty project”

in subregulation (11), or amend or revoke any such

designation; or

(b) determine a price for the purposes of paragraph (b) of

the definition of “gold spot price” in subregulation (11),

or amend or revoke any such determination.

[Regulation 86AA inserted in Gazette 3 Oct 1997 p. 5531-3;

amended in Gazette 24 Apr 1998 p. 2153; 14 Apr 2000 p. 1891;

14 Dec 2001 p. 6406.]

86AB. Optional royalty rate for cobalt sold as a nickel by-product


“optional royalty period” means the period beginning on

1 July 2000 and ending on 30 June 2005;

“optional royalty rate” means the rate of royalty calculated in

accordance with the formula set out in paragraph (c)(ii) of

the item relating to cobalt in column 3 of the Table to

regulation 86.

(2) A person liable to pay royalties for cobalt during the optional

royalty period may elect, in writing, to pay the optional royalty

rate in respect of all cobalt sold as a nickel by-product by that

person.

(3) An election under subregulation (2) is to be made —

(a) in the manner and form approved by the Director

General of Mines; and

(b) before the end of the first quarter in respect of which the

optional royalty rate is to apply.

(4) An election under subregulation (2) cannot be revoked.




r. 86AB


(5) Despite anything in regulation 86, if a person makes an election

under subregulation (2), no royalty is payable in respect of the

first 300 tonnes of cobalt sold as a nickel by-product by that

person during —

(a) the period beginning on the first day of the first quarter

in respect of which the optional royalty rate applies and

ending on the next 30 June; or

(b) any subsequent financial year in the optional royalty

period.

(6) If an election is made under subregulation (2) by 2 or more

persons who are —

(a) the holders of, or applicants for, the same mining

tenement; or

(b) related corporations,

then those persons are taken to be the same person for the

purposes of subregulation (5).

[Regulation 86AB inserted in Gazette 16 Jun 2000 p. 2956-7.]

86AC. Rates of royalty for ilmenite feedstock


“beneficiation plant” means a mineral processing plant located

in Western Australia that produces or is designed to

produce upgraded ilmenite with an average titanium

dioxide content of not less than 90%;

“ilmenite feedstock” means ilmenite concentrate intended for

use as feedstock in a beneficiation plant that is owned or

operated by —

(a) the producer of the ilmenite concentrate; or

(b) a body corporate which, in relation to that producer,

is a related corporation.

(2) For the purposes of this regulation ilmenite feedstock is of

marketable quality if it is of a quality determined by the




r. 86A


Minister, after consultation with the producer, to be suitable for

sale without further processing or other treatment.

(3) When ilmenite feedstock is produced from ilmenite that was

obtained from a mining tenement, royalties shall be paid by the

holder of, or applicant for, the mining tenement.

(4) The rate of royalty payable for ilmenite feedstock that is of

marketable quality is —

(a) if it is produced in the period beginning on 1 July 2005

and ending on 30 June 2006, 3.5% of its value;

(b) if it is produced in the period beginning on 1 July 2006

and ending on 30 June 2007, 4% of its value;

(c) if it is produced in the period beginning on 1 July 2007

and ending on 30 June 2008, 4.5% of its value; or

(d) if it is produced after 30 June 2008, 5% of its value.

(5) The value of ilmenite feedstock for the purposes of

subregulation (4) is to be worked out using the method

determined under subregulation (6).

(6) The Minister may from time to time determine a method for

working out the value of ilmenite feedstock that takes into

account prices obtained for ilmenite concentrate of the same or

a similar grade to the ilmenite feedstock.

(7) The rate of royalty payable for ilmenite feedstock that is not of

marketable quality is $1.50 per tonne adjusted each year on

30 June in accordance with the F.O.B. export price of all bulk

ilmenite concentrate sales from Western Australian production

for the year ending on that date when compared with the

corresponding price of all bulk ilmenite concentrate sales from

Western Australian production for the year ending on

30 June 1987.

[Regulation 86AC inserted in Gazette 28 Jan 2005 p. 361-2.]




r. 86A


86A. Payment of royalties

(1) Royalties for a mineral shall be paid to the Department at Perth.

(2) Subject to this regulation, royalties for a mineral shall be paid

within 30 days after the end of the quarter during which the

relevant amount of the mineral was produced or obtained.

(3) In the case of gold metal, royalties shall be paid within 30 days

after the end of the quarter during which the gold metal is to be

regarded because of regulation 86AA as having been produced.

(4) In the case of nickel, or a nickel by-product the royalty for

which is not based on royalty value, royalties shall be paid


nickel or nickel by-product was sold.

(5) In the case of a mineral the royalty for which is based on royalty

value, royalties shall, subject to subregulation (6), be paid


gross invoice value of the mineral (or any part of that value)

was paid by the purchaser of the mineral.

(6) If the gross invoice value of a mineral is paid in part-payments,

royalties for the mineral may be paid in part-payments in

accordance with subregulation (7).

(7) For the purposes of subregulation (6), a royalty part-payment

for a mineral shall be paid within 30 days after the end of the

quarter during which a part-payment of the gross invoice value

of the mineral was paid by the purchaser of the mineral.

(7a) The amount of a royalty part-payment shall be calculated using

a method approved by the Director General of Mines.

(8) If the Director General of Mines is satisfied by information

given by the person liable to pay the royalty that the amount of a

royalty part-payment is incorrect because of a miscalculation of

gross invoice value or allowable deductions or for any other

reason, any necessary adjustment is to be made and may be

taken into account in the next royalty part-payment paid after

the information is given to the Director General of Mines.




r. 86B


(9) This regulation does not apply to royalties payable under the

Mining (Ellendale Diamond Royalties) Regulations 2002.

[Regulation 86A inserted in Gazette 14 Dec 2001 p. 6406-7;

amended in Gazette 8 Feb 2002 p. 607; 20 May 2005 p. 2159.]

86B. Tenement within Carnarvon Irrigation District

Notwithstanding regulation 86(2) the holder of a mining

tenement within the Carnarvon Irrigation District established

under section 28(1)(a) of the Rights in Water and Irrigation

Act 1914, is exempt from the payment of royalty on sand

obtained from that mining tenement.

[Regulation 86B inserted in Gazette 6 Aug 1982 p. 3099.]

[86C. Repealed in Gazette 3 Oct 1997 p. 5533.]

86D. Exemption in respect of certain clay, gravel, limestone, rock

or sand

Notwithstanding regulation 86, the holder of a mining tenement

who uses in the course of mining operations clay, gravel,

limestone, rock or sand which is not —

(a) sold; or

(b) used for processing or manufacturing purposes,

is exempt from the payment of royalty in respect thereof.

[Regulation 86D inserted in Gazette 12 Nov 1982 p. 4490.]

86E. Exemption in respect of rock for the Eyre Highway

Notwithstanding regulation 86, no royalty is payable on rock

sold by Central Norseman Gold Corporation Ltd to the

department principally assisting the Minister to whom the

administration of the Main Roads Act 1930 is committed in the

administration of that Act, where that rock is to be used in the

upgrading of the Norseman section of the Eyre Highway.

[Regulation 86E inserted in Gazette 3 Jul 1992 p. 2973;





r. 86F


86F. Royalty relief

(1) Despite anything in regulation 86, 86AA or the Mining

(Ellendale Diamond Royalties) Regulations 2002, if the

Minister is satisfied in a particular case that there are

circumstances justifying royalty relief, the Minister may

determine that in that case the rate of royalty payable —

(a) under regulation 86, for any mineral produced or

obtained while the determination is expressed to apply;

(b) under regulation 86AA, for gold metal produced while

the determination is expressed to apply; or

(c) under the Mining (Ellendale Diamond Royalties)

Regulations 2002, for diamond obtained while the

determination is expressed to apply,

is to be on the basis of a portion only, as specified in the

determination, of the royalty base.

(2) Despite regulation 86A or the Mining (Ellendale Diamond

Royalties) Regulations 2002, a determination under

subregulation (1) may also specify the time and manner of

payment of royalties.


“circumstances justifying royalty relief” means circumstances

that meet criteria for the giving of royalty relief that the

Minister has published in the Gazette;

“gold metal” has the same meaning as it has in

regulation 86AA(11);

“royalty base” means —

(a) in the case of gold metal, the realised value of the

gold metal in respect of which the rate of royalty is

payable;

(aa) in the case of diamond obtained from the Ellendale

mining lease as defined in the Mining (Ellendale

Diamond Royalties) Regulations 2002, anything by




r. 87


reference to which those regulations fix the rate of

royalty payable for that mineral;

(b) in the case of any other mineral, anything by

reference to which regulation 86 fixes the rate of

royalty payable for that mineral.

[Regulation 86F inserted in Gazette 14 Apr 2000 p. 1891-2;


87. Minister may determine value of mineral for the purpose of

calculating royalties

(1) Where a royalty has been paid under regulation 86 or 86AA and

the Minister is of the opinion that the royalty value on which the

royalty was based was not a true or fair value on which to

calculate the royalty because —

(a) the royalty value does not reflect the market value of the

mineral at the date the mineral was first sold;

(b) the allowable deductions used to calculate the royalty

value are excessive having regard to the type of sale; or

(c) the holder of, or applicant for, the mining tenement has

not shown to the satisfaction of the Minister, within the

time specified by the Minister, that the first sale of the

mineral was a genuine commercial transaction and was

not principally for the purpose of minimising the royalty

payable,

the Minister shall determine the value of the mineral having

regard to the market value for that type of mineral assessed at an

arm’s length basis, at the date the mineral was first sold, for the

type of sale concerned.

(2) Where a value is determined by the Minister under

subregulation (1), the royalty shall be assessed at the relevant

rate under regulation 86 or 86AA as if that value was the royalty

value.




r. 87A



amended in Gazette 3 Oct 1997 p. 5533; 14 Dec 2001 p. 6407;

13 Dec 2002 p. 5805.]

87A. Notice of determination and assessment under regulation 87

(1) Where the Minister makes a determination under regulation 87 he

shall cause notice of that determination and an assessment of any

royalties payable, after taking into account any monies already

paid, to be served on the person by whom the royalties are

payable.

(2) A person on whom notice is served under subregulation (1)

shall pay to the Department at Perth the royalties assessed to be

payable within 14 days of service of the notice.

[Regulation 87A inserted in Gazette 20 May 1988 p. 1706.]

87B. Records

(1) The holder of, or applicant for, a mining tenement shall keep or

cause to be kept such records in respect of the mineral produced

or obtained from that mining tenement, or from land the subject

of an application for a mining tenement, as are necessary —

(a) to give a true and complete indication of —

(i) the quantity of the mineral; and

(ii) each sale of that mineral, including time,

destination, value and quantity of the sale;

and

(b) to substantiate the details and calculations on all royalty

returns forwarded under regulation 85B or the Mining

(Ellendale Diamond Royalties) Regulations 2002 in

respect of the mineral,

and shall retain those records for a period of 7 years after the

completion of the sale of the mineral, or of the payment of the

royalty, whichever is the later date.



Prescribed Australian datum Division 5A

r. 89



offence.

[Regulation 87B inserted in Gazette 20 May 1988 p. 1706;

amended in Gazette 14 Dec 2001 p. 6407-8; 8 Feb 2002

p. 608.]

[88. Repealed in Gazette 31 May 1991 p. 2699.]

89. Recovery of royalty

Any amount of royalty payable pursuant to these regulations or

the Mining (Ellendale Diamond Royalties) Regulations 2002

and unpaid may be recovered by the Minister on behalf of the

Crown by action as for a debt due to the Crown in any court of

competent jurisdiction.


Division 5A — Prescribed Australian datum

[Heading inserted in Gazette 15 Dec 2000 p. 7219.]

89A. Geocentric Datum of Australia — section 9B

(1) This regulation has effect subject to the transitional provisions

set out in the Third Schedule.

(2) The Geocentric Datum of Australia (“the GDA”) is prescribed

for the purposes referred to in section 9B.

(3) The reference ellipsoid for the GDA is the Geodetic Reference

System 1980 (“GRS80”) ellipsoid with a semi-major axis of

6 378 137 m exactly and an inverse flattening (l/f) of

298.257 222 101.

(4) The reference frame for the GDA is realised by the coordinates

of the following Australian Fiducial Network geodetic stations

referred to the GRS80 ellipsoid determined within the

International Earth Rotation Service Terrestrial Reference

Frame 1992 (ITRF92) at the epoch of 1994.0 —



Division 6 Miscellaneous

r. 89B


No. Name South Latitude East Longitude Ellipsoidal

Height

AU 012 Alice

Springs

23° 40′ 12.44592″ 133° 53′ 07.84757″ 603.358 m

AU 013 Karratha 20° 58′ 53.17004″ 117° 05′ 49.87255″ 109.246 m

AU 014 Darwin 12° 50′ 37.35839″ 131° 07′ 57.84838″ 125.197 m

AU 015 Townsville 19° 20′ 50.42839″ 146° 46′ 30.79057″ 587.077 m

AU 016 Hobart 42° 48′ 16.98506″ 147° 26′ 19.43548″ 41.126 m

AU 017 Tidbinbilla 35° 23′ 57.15627″ 148° 58′ 47.98425″ 665.440 m

AU 019 Ceduna 31° 52′ 00.01664″ 133° 48′ 35.37527″ 144.802 m

AU 029 Yaragadee 29° 02′ 47.61687″ 115° 20′ 49.10049″ 241.291 m

[Regulation 89A inserted in Gazette 15 Dec 2000 p. 7219-20.]

Division 6 — Miscellaneous

89B. Prescribed office — section 8(1)

For the purposes of the definition of “mining registrar” in

section 8(1) the office of Manager, Customer Services, Mineral

and Title Services Division of the Department is prescribed.

[Regulation 89B inserted in Gazette 17 Jan 2003 p. 106;


89C. Identified mineral resource — section 8(1)


“JORC Code” means the Australasian Code for Reporting of

Exploration Results, Mineral Resources and Ore Reserves

published by the Joint Ore Reserves Committee of the

Australasian Institute of Mining and Metallurgy, the

Australian Institute of Geoscientists and the Minerals

Council of Australia in December 2004.

(2) For the purposes of the definition of “identified mineral

resource” in section 8(1), a deposit of minerals has to be



Miscellaneous Division 6

r. 90


identified as coming within one of the following classifications

provided for in clauses 20, 21 and 22 of the JORC Code —

(a) Inferred Mineral Resource;

(b) Indicated Mineral Resource;

(c) Measured Mineral Resource.


90. Forms to be completed in accordance with directions

A form prescribed by these regulations shall be completed in

accordance with such directions as are specified in the form as

so prescribed.

90A. Prescribed procedure for certain applications

(1) This regulation applies to —

(a) applications for prospecting licences, exploration

licences and mining leases in respect of an area that are

made at the first available opportunity after that area has

been surrendered under section 65; and

(b) applications for exploration licences in respect of an

area that are made at the first available opportunity after

that area has become forfeited under section 96A or 97.

(2) Applications to which this regulation applies are to be lodged by

placing the applications in a tray specifically identified for that

purpose at the office of the mining registrar.

(3) When the mining registrar is satisfied that all persons waiting to

lodge applications to which this regulation applies have placed

their applications in the tray in accordance with

subregulation (2), the mining registrar is to remove the tray.

(4) The applications contained in the tray after removal by the

mining registrar are to be regarded as having been lodged —

(a) in the case of applications in respect of an area

surrendered under section 65, on the date and at the time




r. 91


endorsed on the public plans of the Department under

regulation 23(1)(c) as the date and time for the release of

the area surrendered; and

(b) in the case of applications in respect of an area forfeited

under section 96A or 97, at the same time on the date on

which notice of the forfeiture was published in the

Government Gazette.


91. Appeal to Minister

(1) An appeal referred to in section 32(2), 56(1), 56A(5), 70(5) or

94(3) of the Act shall be in the form of a submission in writing

lodged at the Department at Perth within 14 days of the date of

the grant or refusal, as the case requires, by a mining registrar or

a warden of the application concerned.

(2) The Minister may obtain such further information in writing

from any other party to the matter and from any other sources as

he sees fit to assist him in his determination of the appeal.


13 Oct 1995 p. 4819.]

92. Shape of tenement

The shape of a mining tenement other than a graticular

exploration licence, a miscellaneous licence or one marked out

pursuant to regulation 61 shall be in the form of a rectangle, but

if the presence of boundaries of mining tenements, other

boundaries or natural features make it necessary or desirable to

vary this shape, each side of the tenement shall be a straight line

and where possible at right angles to an adjacent side or parallel

to an opposite side.

[Regulation 92 amended in Gazette 31 May 1991 p. 2699.]


[94, 94A. Repealed in Gazette 24 Jun 1994 p. 2933.]




r. 95


95. Tenements within more than one mineral field or district

(1) Where an application for a mining tenement is made in respect

of land situated within more than one mineral field or district,

the application shall be lodged with the warden of the mineral

field or district apparently containing the largest portion of the

ground applied for.

(2) If, as a result of survey or otherwise it is ascertained that any

mining tenement or any land the subject of application for a

mining tenement is situated partly within the boundaries of any

2 or more mineral fields or districts the Director General of

Mines shall determine to which mineral field or district the

mining tenement or application shall be assigned.

[Regulation 95 amended in Gazette 2 Oct 1987 p. 3837.]

95A. Mining statistics

(1) The Director General of Mines may cause mining statistics to be

compiled from mining information as defined in

regulation 96(1).

(2) Mining statistics are to be compiled in such a way that, so far as

is practicable, information in respect of a particular person or

mining operation cannot be ascertained.

(3) The Director General of Mines may cause mining statistics to be

published in any manner that the Director General of Mines

considers appropriate.


96. Release of information contained in reports


“combined mineral exploration report” means a combined

mineral exploration report filed in accordance with

arrangements referred to in section 115A(4);

“mineral exploration report” includes a combined mineral

exploration report;




r. 96


“mining information” means —

(a) information contained in —

(i) a mineral exploration report;

(ii) an operations report;

(iii) a report required under regulation 36(d) or

41(d); or

(iv) a production report furnished under

regulation 85A(1) or (2),

irrespective of when the report was filed, furnished or

otherwise given; and

(b) any other information relating to mining supplied to

the Minister, a warden or an official of the

Department under the Act irrespective of when the

information was supplied,

but does not include such information if it is in the form of

mining statistics compiled under regulation 95A;

“operations report” has the same meaning as in

section 115A(1);

“release” means publish, print, reproduce or otherwise make

available to the public.

(2) The Minister may only release mining information —

(a) with the written consent of the holder for the time being

of the mining tenement the subject of the information or

of a mining tenement granted in renewal or substitution

of that mining tenement;

(b) after the expiry of the period of 3 months immediately

following the surrender, forfeiture, expiry or

cancellation of the mining tenement the subject of the

information or of a mining tenement granted in renewal

or substitution of that mining tenement;

(c) in accordance with subregulation (4); or

(d) in the case of a combined mineral exploration report, in

accordance with subregulation (7).




r. 96


(3) Despite subregulation (2), a person may, on payment of the

prescribed fee, obtain at the Department at Perth a copy of the

front page of an operations report in the form No. 5 in the First

Schedule, together with either Attachment 1 — “Summary of

Mineral Exploration/Mining Activities” or Attachment 2 —

“Summary of Prospecting and/or Small Scale Mining

Activities”, as the case may be.

(4) Subject to subregulation (5), the Minister may release mining

information that has been held at the Department for a period of

5 years or more.

(4a) Subregulation (4) does not apply to mining information that

consists of information as to sales value contained in a

production report furnished under regulation 85A(1).

(5) The Minister may, upon the written application of the holder of

a mining tenement the subject of mining information to which

subregulation (4) applies or of a mining tenement granted in

renewal of or substitution for such a mining tenement, refuse to

release the information for a further period or further periods

not exceeding 5 years in each case.

(6) An application under subregulation (5) shall set out the reasons

why the mining information should not be released

immediately.

(7) If —

(a) a mining tenement, or part of a mining tenement, the

subject of information in a combined mineral

exploration report is surrendered, forfeited or expires or

is cancelled; and

(b) the former holder of that mining tenement or that part of

the mining tenement fails to provide a separate mineral

exploration report in respect of the mining tenement or

part of the mining tenement within the period of

3 months immediately following its surrender,

forfeiture, expiry or cancellation,




r. 96A


the Minister may, at the expiry of the period referred to in

paragraph (b), release information relating to any mining

tenement contained in the combined mineral exploration report.

[Regulation 96 inserted in Gazette 13 Oct 1995 p. 4819-20;

amended in Gazette 11 Jun 1999 p. 2544; 3 Feb 2006 p. 597-9.]

96A. Authorisation for release of information in mineral

exploration reports

(1) If the copyright in a mineral exploration report or part of a

mineral exploration report is owned by a person other than the

holder of the mining tenement to which the report relates, the

holder shall, before filing the report, take all reasonable steps to

obtain the authorisation of the owner of the copyright to the

release of information contained in the report in accordance

with regulation 96.

(2) When filing a mineral exploration report at the Department, the

holder of a mining tenement shall —

(a) if the holder is the owner of the copyright in the report

or a part of the report, authorise in writing the release of

information contained in the report or the relevant part

of the report in accordance with regulation 96;

(b) if the copyright in the report or a part of the report is

owned by a person other than the holder, state in writing

whether or not the authorisation of the owner of the

copyright to the release of information in the report or

the relevant part of the report has been obtained and, if

not, state in writing what steps have been taken to obtain

that authorisation; and

(c) if the copyright in a part of the report is owned by a

person other than the holder, ensure that the report is

marked in a manner approved by the Director General of

Mines to enable that part to be identified.

(3) The holder of a mining tenement shall not be regarded as having

complied with the guidelines referred to in section 115A in




r. 96B


relation to the filing of a mineral exploration report, unless the

holder has complied with subregulation (2) in relation to that

report.


amended in Gazette 15 Dec 1995 p. 6115.]

96B. Publication of guidelines — mineral exploration reports

The guidelines referred to in section 115A shall be published in

the Government Gazette in a form approved by the Director

General of Mines.

[Regulation 96B inserted in Gazette 13 Oct 1995 p. 4820.]

96C. Specific expenditure provisions

(1) The cost of an Aboriginal heritage survey conducted on land

which is the subject of a mining tenement may be used in the

calculation of expenditure expended on, or in connection with,

mining on the mining tenement.

(1a) The cost of an Aboriginal heritage survey conducted on land

while the land was the subject of an application for a mining

tenement may be used in the calculation of expenditure

expended on, or in connection with, mining on that mining

tenement during the first year of its term.

(2) Where the cost of a survey is claimed under subregulation (1)

or (1a) —

(a) a copy of the survey must be submitted to the Registrar

of Aboriginal Sites (appointed under section 37 of the

Aboriginal Heritage Act 1972) as soon as practicable;

and

(b) evidence that the survey has been submitted to the

Registrar of Aboriginal Sites must be provided to the

Department.

(2a) Annual tenement rent (including the rent for the first year of the

term of the mining tenement) and local government rates




r. 96C


relating to land which is the subject of a mining tenement may

be used in the calculation of expenditure expended on, or in

connection with, mining on the mining tenement.

(3) Administration and land access costs relating to land which is

the subject of a mining tenement may be used in the calculation

of expenditure expended on, or in connection with, mining on

the mining tenement, but only up to 20% of the minimum

commitment, or 20% of the total expenditure on the mining

tenement, whichever is the greater amount.

(3a) The cost of cutting and polishing minerals for use as samples

may be used in the calculation of expenditure expended on, or

in connection with, mining on the mining tenement.

(3b) The cost of an aerial survey may be used in the calculation of

expenditure expended on, or in connection with, mining on any

mining tenement that is located wholly or partly within the

boundaries of the survey when those boundaries are projected

onto the surface of the Earth.

(3c) The reference in subregulation (3b) to an aerial survey includes

an aerial survey conducted in respect of land while the land was

the subject of an application for the mining tenement concerned.

(3d) Where the cost of an aerial survey is used in the calculation of

expenditure for more than one mining tenement, the cost is to be

apportioned between the mining tenements in such a way that

the total expenditure claimed does not exceed the cost.

(3e) For the purposes of subregulations (3b) and (3d) the cost of an

aerial survey comprises —

(a) the cost of acquiring data, in the air and on the ground,

during the period in which the aerial survey is

conducted; and

(b) the cost of processing that data to produce fully

corrected, point-located digital data stored on an

appropriate computer-compatible medium.




r. 96D


(4) The following costs and payments cannot be used in the

calculation of expenditure expended on, or in connection with,

mining on the mining tenement —

(a) the cost of marking out mining tenements;

(b) any costs associated with the acquisition or sale of

mining tenements;

(c) research activities not directly related to a specific

tenement;

(d) compensation payments made in respect to the mining

tenement.

[Regulation 96C inserted in Gazette 11 Jun 1999 p. 2545;

amended in Gazette 21 Jan 2000 p. 344; 15 Aug 2003 p. 3694;

3 Feb 2006 p. 599-600.]

96D. Drill cores

(1) The holder of a mining tenement must not destroy or dispose of

a drill core obtained from the mining tenement unless the holder

has given the Minister written notice of his or her intention to

do so not less than 3 months before the destruction or disposal.

(2) If the holder of a mining tenement has received a request to

furnish drill cores under section 51A, 68(2), 70H(1)(g) or

82(1)(ea), the holder must ensure that the drill cores are stored

in a way that protects them from damage and deterioration until

such time as the holder complies with the request.

(3) Drill cores furnished in response to a request referred to in

subregulation (2) may be made available for public inspection

and sampling at the times, and in the manner, determined by the

Director, Geological Survey.

(4) A person who contravenes subregulation (1) or (2) commits an

offence.





r. 97


97. No mining that obstructs public thoroughfares, etc.

A person who undertakes or causes to be undertaken, any

mining that obstructs any public thoroughfare or undermines

any road, railway, dam or building in such manner as to

endanger the public safety commits an offence.

98. Control of detritus, dirt, etc.

The holder of a mining tenement shall not allow detritus, dirt,

sludge, refuse, garbage, mine water or pollutant from the

tenement to become an inconvenience to the holder of any other

mining tenement or to the public, or in any way injure or

obstruct any road or thoroughfare or any land used for

agricultural, pastoral, fruit-growing, forestry or other useful

purpose and a holder of a mining tenement who contravenes this

regulation commits an offence.

99. Decency and sanitation

The holder of a mining tenement shall at all times make

adequate provision for preservation of decency and observance

of sanitary conditions on the tenement.

100. Removal of fences, timbers, etc.

A person who removes or interferes with any fence erected

around, or any timber or other material placed in, on or around

any abandoned shaft, hole, pit, trench or other disturbance to the

surface of the land previously made or used for mining purposes

in such a manner that will render the area in an unsafe condition

commits an offence.

101. Manner of camping — section 20(2)(e)

For the purposes of section 20(2)(e) the holder of a Miner’s

Right may camp on Crown land in —

(a) a vehicle or caravan;

(b) a tent or other temporary structure; or




r. 101A


(c) the open air.


101A. Notice before mining under certain Crown land or private

land


“relevant depth” means 30 metres below the lowest part of the

natural surface of the land concerned.

(2) At least 14 days before carrying out mining at or below the

relevant depth under Crown land described in any of

section 20(5)(a) to (e), the holder of a mining tenement must

give written notice in accordance with subregulation (4) to the

occupier of the Crown land unless that occupier has already

given written consent for mining above the relevant depth.

(3) At least 14 days before carrying out mining at or below the

relevant depth under private land described in any of

section 29(2)(a) to (f), the holder of a mining tenement must

give written notice in accordance with subregulation (4) to the

owner and the occupier of the private land unless the mining

tenement includes that portion of the private land that is above

the relevant depth.

(4) The notice is to contain details of —

(a) the extent and type of mining proposed; and

(b) when the holder of the mining tenement intends to begin

that mining.

(5) A holder of a mining tenement who contravenes

subregulation (2) or (3) commits an offence.

[Regulation 101A inserted in Gazette 17 Jan 2003 p. 106-7.]

102. Devolution on death, etc.

(1) On the death, bankruptcy, insanity or liquidation of the holder

of, or applicant for, a mining tenement, his legal personal




r. 104


representative, receiver, trustee or a liquidator in whom the

property of the company of which he is liquidator has been

vested, as the case may be, may lodge a devolution in the form

No. 28 in the First Schedule with the prescribed fee and an

attested or certified copy of the document under which he

derives his title.

(2) The death, bankruptcy, insanity or liquidation of the holder of a

mining tenement shall be a reason for exemption pursuant to

section 102(3) of the Act.


104. Time for any act may be extended

The time required by these regulations for any act to be done by

the applicant for, or holder of, any mining tenement may be

extended by the Minister or a warden, as the case requires, for

reasonable cause, proof of which lies on the applicant or holder.

105. Application for copy document

Where any instrument of lease or licence or other document

issued by the Department is lost, destroyed or obliterated, the

person to whom such instrument or document was issued or

some other person having knowledge of the facts and

circumstances may lodge an application in the form No. 29 in

the First Schedule with the prescribed fee for a copy of the

instrument or document to be issued, and a certified copy shall

be issued.

[106-107AA. Repealed in Gazette 3 Feb 2006 p. 524.]

108. Appointment of attorney

A person may appoint an attorney to act for him in dealing with

any mining tenement or application therefor by lodging a power

of attorney in the form No. 31 in the First Schedule with the

prescribed fee.




r. 109


109. Fees and rents

(1) Subject to subregulation (2), fees payable under the Act are

prescribed in the Second Schedule.

(2) The bailiff fees set out in Part II of the Appendix to the Local

Court Rules 1961 are, so far as they are applicable, prescribed

as the bailiff fees payable in relation to proceedings under the

Act.

(3) For the purposes of the Act, the prescribed rent, including GST,

for a mining tenement for a year is that set out in item 1 of the

Second Schedule for that tenement.

(4) The prescribed rent for a mining tenement for the second and

subsequent years of the term of the tenement shall be paid

yearly in advance within one month after the anniversary of the

date on which the term commenced.


amended in Gazette 4 Apr 1997 p. 1779; 2 Feb 2001 p. 713-14.]

109A. GST to be paid on certain applications

(1) This regulation applies to an application for a mining tenement

if —

(a) the application was made before 5 February 2001;

(b) the rent for the first year of the term of the tenement

paid in advance at the time the application was made did

not include an amount for GST; and

(c) the application was not granted before 5 February 2001.

(2) An application to which this regulation applies shall not be

granted unless the applicant pays an amount that is 10% of the

rent that was paid at the time the application was made.

(3) Written notice requiring the payment of the amount referred to

in subregulation (2) within 30 days of the date of the issue of the

notice may be given to the applicant.




r. 111


(4) If an applicant does not pay the amount referred to in

subregulation (2) as required by such a notice, the prescribed

application may be refused.



111. Service of notices

(1) Unless otherwise provided in the Act or these regulations, any

notice, order, process, or other document, required or authorised

under the Act or these regulations, to be given to or served upon

any person, may be served —

(a) by delivering it to such person; or

(b) by delivering it to some person apparently over the age

of 16 years, at the place of abode or business of the party

to be served;

(c) by forwarding it by post in a certified or prepaid

registered letter addressed to such person at his last

known place of abode or business;

(d) where the party to be served is working in any mine or

other works underground, by delivering it at the mine or

works to any person apparently in charge of the mine or

works.

(2) Any such notice or other document, if addressed to the owner or

occupier of any land, may be served, if there is no person on the

premises, by fixing it on some conspicuous part of the premises.

(3) Where the name of the owner or occupier is unknown, the

notice may be addressed to those persons by the description of

the “owner” or “occupier” of the premises (naming them) in

respect of which the notice is given without further name or

description.

(4) Where in any case the practice and procedure for service of

notices is not sufficiently defined in this regulation, the practice




r. 112


and procedure of Local Courts shall be adopted as far as

possible.

112. Securities

(1) For the purposes of sections 52(1), 60(1), 70F(1) and 84A(1),

the applicant shall lodge a security within 28 days after lodging

the application to which the security relates.

(2) For the purposes of section 126(1)(a)(ii), the amount of $5 000

is prescribed.

(3) For the purposes of section 126(1)(b), form No. 32 in the First

Schedule is prescribed.


112A. Discharge of security

An application for discharge of a security under section 126(7)

shall be accompanied by —

(a) a statutory declaration of the person subscribing, stating

the extent to which that person has complied with the

conditions under which the mining tenement was

granted and with the provisions of the Act and

regulations and giving details of the nature of that

compliance; and

(b) a map showing —

(i) the location of the workings of the person

subscribing in relation to the mining tenement;

(ii) the boundaries of the workings; and

(iii) the access routes to the workings.


113. Employees not to use information

A person employed by the Department in any capacity who uses

for the purpose of personal gain any information that comes to




r. 113A


his knowledge in the course of, or by reason of, his employment

with the Department commits an offence.

113A. General power for wardens to administer oaths

In addition to the powers set out in section 138 of the Act

(permitting a warden, etc., to administer an oath in relation to

“proceedings in a warden’s court”), a warden, the mining

registrar or other person acting as the clerk of the warden’s

court may also administer an oath for the purposes of taking

evidence in proceedings that are not “proceedings in a warden’s

court”.

[Regulation 113A inserted in Gazette 21 Jan 2000 p. 344-5.]

114. Warden’s order not to be disobeyed

A person who disobeys a lawful order of a warden or a

warden’s court commits an offence.

115. General penalty

A person who commits an offence against a regulation for

which no penalty is provided elsewhere than in this regulation is

liable to a fine not exceeding $10 000 and if the offence is a

continuing one to a fine not exceeding $1 000 for each day or

part thereof during which the offence has continued.


17 Jan 2003 p. 107.]


Surveys Part VI

r. 116


Part VI — Surveys

[Heading inserted in Gazette 30 May 1986 p. 1840.]

116. Interpretation in Part VI

In this Part, unless the contrary intention appears —

“approved surveyor” means licensed surveyor who is for the

time approved under regulation 117;

“licensed surveyor” has the meaning given by section 3 of the

Licensed Surveyors Act 1909;

“mining survey” means survey required under the Act or these

regulations in respect of the boundaries of the area of land

to which a tenement relates;

“tenement” means mining tenement or application therefor;

“the Director” means the person for the time being holding or

acting in the office of the Director of the Mineral Titles

Division of the Department under Part 3 of the Public

Sector Management Act 1994.


amended in Gazette 13 Oct 1995 p. 4821.]

117. Approved surveyors

(1) The Minister may from time to time —

(a) approve for the purposes of this Part a person who is a

licensed surveyor; and

(b) on the recommendation of the Director given under

subregulation (3), withdraw an approval given under this

subregulation.

(2) Subject to the Act and this Part, all mining surveys shall be

carried out by approved surveyors in accordance with —

(a) the Licensed Surveyors Act 1909 and the Licensed

Surveyors (Guidance of Surveyors) Regulations 1961 or

a procedure approved by the Director; and


Part VI Surveys

r. 118


(b) such directions as are from time to time published by the

Department for the guidance of approved surveyors.

(3) If, in the opinion of the Director, an approved surveyor has not

complied with the requirements of subregulation (2), the

Director may recommend to the Minister that the approval of

the approved surveyor be withdrawn under subregulation (1).

(4) If an approved surveyor ceases to be a licensed surveyor, his

approval is deemed to be withdrawn under subregulation (1) at

the time of that cessation.


amended in Gazette 2 Jul 1993 p. 3272.]

118. Initiation of mining surveys

(1) Subject to subregulation (2), the Director shall —

(a) when a mining survey is ordered to be made under

section 47(1), 58(2)(b) or 70G(1) of the Act;

(b) subject to section 80 of the Act, after the lodging of an

application for a mining lease;

(c) subject to section 80, as read with section 90, of the Act,

after the lodging of an application for a general purpose

lease; or

(d) when a mining survey is requested by the Minister or a

warden for the purpose of determining any matter

relating to the boundaries of a tenement,

arrange for a mining survey of the relevant tenement to be made

as soon as is practicable by an approved surveyor.

(2) Subregulations (1)(b) and (c) do not apply to applications

lodged on or after 1 July 1991.

(3) Subject to regulation 118C, a survey of a mining lease under

section 80 of the Act, or of a general purpose lease under

section 90 of the Act may be arranged by the holder of the

tenement and carried out at any time, but if the Director directs,


Surveys Part VI

r. 118A


by written notice given to the holder of the tenement, that a

survey be arranged and carried out, the holder of the tenement

must arrange for a survey to be carried out within the time

specified in the notice.


amended in Gazette 21 Jun 1991 p. 3056; 24 Jun 1994 p. 2933.]

118A. Notice of proposed mining surveys

(1) Where the Director proposes to carry out a mining survey of a

tenement, the Director shall serve by post notice of that fact

on —

(a) the applicant for or holder of the tenement concerned;

and

(b) an applicant for or a holder of any adjoining tenement.

(2) Where the lessee proposes or is required to carry out a mining

survey of a tenement on or after 1 July 1991, the approved

surveyor who is to carry out the survey shall serve by post

notice of that fact on an applicant or a holder of any adjoining

tenement.

(3) The Director shall provide an approved surveyor with the details

of adjoining tenement applicants and holders for the purposes of

complying with subregulation (2), when requested to do so by

the approved surveyor.

[Regulation 118A inserted in Gazette 16 Nov 1990 p. 5729;


118B. When mining surveys are to be carried out

A mining survey, in relation to a lease application lodged after

1 July 1991 —

(a) shall, when required by the Director, be arranged by the

applicant as soon as possible; or


Part VI Surveys

r. 118C


(b) may, where the Director has not indicated that a mining

survey is required at any particular time, be arranged by

the applicant at any time.

[Regulation 118B inserted in Gazette 21 Jun 1991 p. 3056.]

118C. Refund of certain survey fees

(1) Where a prescribed survey fee was paid under the Act before

the commencement of section 28 of the Mining Amendment

Act 1993 3 but a mining survey has not yet been arranged, the

Director General of Mines may, on written application by the

applicant for, or holder of, the tenement concerned, refund the

survey fee.

(2) Where a survey fee is refunded under subregulation (1), the

Director may give a written notice to the applicant or tenement

holder (as the case may be) specifying a time within which a

survey must be arranged.

(3) Where a survey fee is refunded under subregulation (1), the

applicant for, or holder of, the tenement concerned must arrange

and pay for a mining survey of the tenement to be carried out by

an approved surveyor —

(a) within the time period specified in a notice given under

subregulation (2); or

(b) if no notice is given under subregulation (2), at any time.

[Regulation 118C inserted in Gazette 24 Jun 1994 p. 2933-4.]

119. Boundary marks to be pointed out

(1) When a mining survey is to be carried out, the applicant for or

the holder of the tenement concerned who does not make

himself or his agent available at a reasonable time in order to

point out to the approved surveyor carrying out the mining

survey his corner posts and other boundary marks commits an

offence.


Surveys Part VI

r. 120


(2) Subregulation (1) does not apply where the application giving

rise to the mining survey is lodged on or after 1 July 1991.



120. Adjustment of boundaries

(1) Subject to this regulation, an approved surveyor shall carry out a

mining survey in respect of —

(a) a tenement other than an exploration licence so as to

conform with —

(i) the land indicated by the applicant in marking

out that tenement; and

(ii) the prescribed shape referred to in section 105(1)

of the Act;

or

(b) an exploration licence or an application therefor to

conform with the substance of the description thereof.

(2) If, in the case of an application for a tenement other than an

exploration licence, an adjustment made to achieve conformity

under subregulation (1) would affect adjoining interests, the

approved surveyor concerned shall survey the relevant tenement

as strictly in accordance with its marking out as the

circumstances permit.

(3) If an approved surveyor finds that a tenement being surveyed by

him encroaches on another tenement having priority in

application over the first-mentioned tenement, the approved

surveyor shall excise from the area of the first-mentioned

tenement the area of that encroachment.

(4) The Director shall provide an approved surveyor with details

relating to priority of adjoining tenements, for the purposes of

complying with subregulation (3), when requested to do so by

the approved surveyor.




Part VI Surveys

r. 120A


120A. Disputes and objections in mining survey

(1) If a dispute arises during a mining survey concerning the

position of posts or otherwise and the parties to the dispute

cannot agree, the approved surveyor concerned shall —

(a) forthwith report the matter to the Director at Perth; and

(b) not proceed with the mining survey pending

determination of the dispute under subregulation (5).

(2) The Director shall, as soon as is practicable after receiving a

report made to him under subregulation (1), refer the matter so

reported to him to the mining registrar, together with his own

report on that matter for the benefit of the warden.

(2a) Subregulations (1) and (2) do not apply where the application

giving rise to the mining survey described in subregulation (1)

is lodged on or after 1 July 1991.

(3) After a mining survey, the Director shall serve by post on the

persons referred to in regulation 118A(1), a copy of the

documents referred to in regulation 120E and a covering letter.

(3a) A person who has been served under subregulation (3) may,

within 30 days of the date of the covering letter, lodge an

objection as to the mining survey and the objection shall be

lodged in the form No. 16 in the First Schedule at the office of

the mining registrar.

(3b) The warden may, on written application by a person served

under subregulation (3), extend the time for lodging an

objection to a period that he considers reasonable in the

circumstances of the case.

(4) Subject to section 135 of the Act, a dispute or objection referred

or lodged under this regulation shall be heard by the warden’s

court.

(5) When the warden has heard a dispute or objection under

subregulation (4), he shall forward the notes of evidence and his


Surveys Part VI

r. 120B


recommendation relating to the dispute or objection to the

Minister, who shall determine the dispute or objection.

[Regulation 120A inserted in Gazette 30 May 1986 p. 1840-1;

amended in Gazette 16 Nov 1990 p. 5729; 21 Jun 1991 p. 3057;

24 Dec 1993 p. 6829.]

120B. Cost of travelling

When an applicant for or the holder of an isolated tenement

requests that the relevant mining survey be expedited, that

applicant or holder shall pay such contribution as the Director

approves towards meeting the cost of any travelling undertaken

in order to meet that request.

[Regulation 120B inserted in Gazette 30 May 1986 p. 1841.]

120C. Correction of errors or omissions

(1) The Director may request an approved surveyor to correct any

errors or omissions in a mining survey carried out by the

approved surveyor.

(2) If the approved surveyor to whom a request is made under

subregulation (1) does not promptly comply with the request,

the Director may request another approved surveyor to correct

the errors or omissions concerned.

(3) If a mining survey has not been completed by an approved

surveyor in accordance with these regulations or areas have

been incorrectly computed by an approved surveyor, but the

Director does not wish to reject the mining survey concerned,

the Director may request another approved surveyor to complete

that mining survey in accordance with these regulations or to

correct the computations, as the case requires.

(4) The cost of correction or completion in compliance with a

request made under subregulation (2) or (3) is a debt due to the

Minister by the approved surveyor —

(a) to whom the relevant request was made under

subregulation (1); or


Part VI Surveys

r. 120D


(b) who did not complete a mining survey, or who made

incorrect computations, within the meaning of

subregulation (2),

as the case requires, and may be recovered from that approved

surveyor by the Minister by action in a court of competent

jurisdiction.

[Regulation 120C inserted in Gazette 30 May 1986 p. 1841;


120D. Cost of check surveys and of correction of errors to be met

by approved surveyors

If an independent check survey requested by the Director within

2 years of the completion of a mining survey shows that

unacceptable errors or omissions are present in the mining

survey, the cost of that check survey and of correcting those

errors or omissions is a debt due to the Minister by the approved

surveyor who carried out the mining survey and may be

recovered from that approved surveyor by the Minister by

action in a court of competent jurisdiction.

[Regulation 120D inserted in Gazette 30 May 1986 p. 1841.]

120E. Report of surveyed tenements to be prepared

An approved surveyor shall cause to be prepared, for each

tenement surveyed by him, a report in form 44 set out in the

First Schedule, and shall cause that report to be lodged with the

Director.

[Regulation 120E inserted in Gazette 5 Jul 1991 p. 3359.]


Inspectors Part VIA

Inspectors Division 1

r. 120F


Part VIA — Inspectors


Division 1 — Inspectors


120F. Assignment of inspectors for environmental purpose

(1) The Director General of Mines may assign an inspector

appointed under section 11 to carry out the duties and to

exercise the powers set out in this Part.

(2) Where the Director General of Mines has assigned an inspector

under subregulation (1), the Director General must issue the

inspector with a certificate of assignment which states —

(a) that the inspector is authorised to carry out those duties

and exercise those powers set out in this Part; and

(b) that the inspector to whom the certificate is issued is

entitled to act in the capacity of —

(i) an inspector; or

(ii) a senior inspector,

as the case may be.

(3) When an inspector or a senior inspector enters a mining

tenement, he or she must produce the certificate to the holder of

the mining tenement if asked to do so by the holder.

(4) When an inspector or a senior inspector enters a mine, he or she

must produce the certificate to the mine manager or the person

ostensibly in charge of the mine if asked to do so.

(5) A reference in this Part to an “inspector” or a “senior

inspector” is a reference to the holder of a certificate under

subregulation (1).

[Regulation 120F inserted in Gazette 24 Jun 1994 p. 2934.]


Part VIA Inspectors

Division 2 Directions to modify mining operations

r. 120G


120G. Inspectors may enter mining tenement or mine

(1) An inspector or a senior inspector may enter, inspect and inquire

in respect of any mining tenement or mine —

(a) to establish the condition of that mining tenement or

mine; or

(b) for any purpose related to the protection of the

environment.

(2) An inspector or a senior inspector may be accompanied by any

person thought to be necessary by that inspector or senior

inspector when entering a mining tenement or mine under

subregulation (1), but the inspector or senior inspector, or

person chosen to accompany him or her, must not unnecessarily

impede or obstruct any operations.

(3) A person who refuses entry to an inspector or a senior inspector,

or who fails within a reasonable time to furnish an inspector or a

senior inspector with the means to enter a mining tenement or

mine that the inspector or senior inspector wishes to enter,

commits an offence.

[Regulation 120G inserted in Gazette 24 Jun 1994 p. 2934-5.]

Division 2 — Directions to modify mining operations


120H. Inspectors may issue directions

If an inspector or a senior inspector is of the opinion that a

mine, or any activity in connection with that mine is likely to

have or is having a significant adverse effect on the

environment, that inspector or senior inspector may issue a

written direction to modify mining operations to the mining

tenement holder —

(a) by delivering a copy of that direction to the person

ostensibly in charge at the site of the relevant mine; or


Inspectors Part VIA

Directions to modify mining operations Division 2

r. 120I


(b) in the absence of the person referred to in paragraph (a),

by posting a copy to the mining tenement holder at that

mining tenement holder’s last known address.

[Regulation 120H inserted in Gazette 24 Jun 1994 p. 2935.]

120I. Directions

A direction to modify mining operations must —

(a) be in writing;

(b) specify the operation or activity to be modified, and its

effect or potential effect on the environment;

(c) set out the reason for that effect or perceived effect;

(d) specify a time and date within which compliance with

the direction must take place; and

(e) indicate that a review of the decision to issue that

direction, or of the terms of that direction, may be

sought within 7 days of the receipt of that direction in

accordance with regulation 120J.

[Regulation 120I inserted in Gazette 24 Jun 1994 p. 2935.]

120J. Review of direction

(1) A mining tenement holder to whom a direction is issued, or the

holder’s agent, may request a review of the decision to issue

that direction, or of the terms of that direction, by delivering a

request in writing within 7 days of the receipt of that direction,

to the Director, Environment Division, setting out the reasons

for the request.

(2) A mining tenement holder is not bound by a direction while a

review of the direction is being sought or determined.

(3) When reviewing a direction, the Director, Environment Division

may take into account any active measures that have been taken

by the mining tenement holder which result in substantial

compliance with the direction and the Director, Environment

Division may extend the time period for compliance with the


Part VIA Inspectors

Division 2 Directions to modify mining operations

r. 120K


direction if the Director, Environment Division is of the opinion

that measures already taken by the mining tenement holder will

be completed within the extended time period.

(4) Upon the review of a direction, the Director, Environment

Division is to determine that review by —

(a) confirming the decision to issue a direction and

confirming the terms of that direction, giving a new

period for compliance;

(b) confirming the decision to issue a direction but

modifying the terms of that direction, giving a new

period for compliance; or

(c) revoking the direction.

[Regulation 120J inserted in Gazette 24 Jun 1994 p. 2935-6;


120K. Compliance with directions

(1) A mining tenement holder to whom a direction is issued and

who has not requested a review of that direction, shall comply

with the terms of that direction within the time period specified

in that direction.

(2) When a mining tenement holder to whom a direction is issued

requests a review, or intends to request a review and a review is

requested, if upon determination of that review —

(a) the decision to issue a direction is confirmed and the

terms of that direction are confirmed, the mining

tenement holder shall comply with the terms of that

direction within the new time period specified in that

direction;

(b) the decision to issue a direction is confirmed but the

terms of that direction are modified, the mining

tenement holder shall comply with the modified terms of

that direction within the new time period specified in

that direction; or


Inspectors Part VIA

Stop Work Orders Division 3

r. 120L


(c) the direction is revoked, the mining tenement holder is

not bound by the original direction.

(3) A mining tenement holder who does not comply with


(4) A term of a contract or agreement that purports to exclude,

restrict or modify a person’s obligation to comply with a

direction is void, and a person’s obligation to comply with a

direction is not affected by reason of surrender, forfeiture or

expiry of the mining tenement.

[Regulation 120K inserted in Gazette 24 Jun 1994 p. 2936.]

Division 3 — Stop Work Orders


120L. Inspectors may issue Stop Work Orders

(1) If an inspector or a senior inspector is of the opinion that —

(a) a mining tenement holder is not complying with a

provision of the Act or these regulations;

(b) a mining tenement holder is not complying with the

mining tenement conditions; or

(c) an accident or unexpected event has taken place or may

take place at a mine under the control of a mining

tenement holder,

and as a result of that non-compliance, or accident or event,

there is, or may be, a significant adverse effect on the

environment, that inspector or senior inspector may issue a Stop

Work Order to the mining tenement holder.

(2) A Stop Work Order shall be issued —

(a) by delivering a copy of that Order to the person

ostensibly in charge at the site of the relevant mine; or


Part VIA Inspectors

Division 3 Stop Work Orders

r. 120M


(b) in the absence of the person referred to in paragraph (a),

by posting a copy to the mining tenement holder at that

mining tenement holder’s last known address.

(3) If an inspector intends to issue a Stop Work Order, that

inspector must first obtain the approval of a senior inspector

after explaining the nature of the effect or potential effect on the

environment to that senior inspector.

[Regulation 120L inserted in Gazette 24 Jun 1994 p. 2936-7.]

120M. Stop Work Orders

A Stop Work Order must —

(a) be in writing;

(b) specify the operation or activity and its effect or the

potential effect on the environment;

(c) set out the mining operations to be stopped;

(d) specify a time and date at or before which those mining

operations are to stop;

(e) show that it is issued by a senior inspector, or an

inspector who has obtained the approval of a senior

inspector; and

(f) indicate that a review of the decision to issue that Order,

or of the terms of that Order, may be sought within

14 days of the receipt of that Order in accordance with

regulation 120N.

[Regulation 120M inserted in Gazette 24 Jun 1994 p. 2937.]

120N. Review of a Stop Work Order

(1) A mining tenement holder to whom a Stop Work Order is

issued, or the holder’s agent, may request a review of the

decision to issue that Order, or of the terms of that Order, by

delivering a request in writing within 14 days of the receipt of

that Order by the mining tenement holder, to the Minister,

setting out the reasons for the request.


Inspectors Part VIA

Stop Work Orders Division 3

r. 120O


(2) The mining tenement holder shall ensure that mining operations

which are specified as being the subject of a Stop Work Order

stop in accordance with the Order regardless of whether a

review is requested or not.

(3) Upon receiving a request for a review of a Stop Work Order, the

Minister shall obtain a report from the Director, Environment

Division setting out details of the reasons given by the inspector

or senior inspector for issuing the Order, together with the

Director, Environment Division’s recommendations on the

matter.

(4) Upon receiving the Director, Environment Division’s report, the

Minister may consult with a senior mining industry

representative, nominated by the Australasian Institute of

Mining and Metallurgy.

(5) After receiving a report under subregulation (3) and, where

appropriate, after consultation in accordance with

subregulation (4), the Minister is to determine the review by —

(a) confirming the decision to issue a Stop Work Order and

confirming the terms of that Stop Work Order;

(b) confirming the decision to issue a Stop Work Order but

modifying the terms of that Stop Work Order; or

(c) revoking the Stop Work Order.

(6) A determination under subregulation (5) must be in writing, and

sent to the mining tenement holder’s last known address within

14 days of the receipt by the Minister of the request for review.

[Regulation 120N inserted in Gazette 24 Jun 1994 p. 2937-8;


120O. Compliance with Stop Work Orders

(1) A mining tenement holder to whom a Stop Work Order is issued

shall comply with the terms of that Order at or before the time

specified in that Order.


Part VIA Inspectors

Division 3 Stop Work Orders

r. 120O


(2) A mining tenement holder to whom a Stop Work Order is issued

shall not recommence mining operations which are the subject

of a Stop Work Order unless —

(a) written approval to do so has been obtained from either

the Minister or a senior inspector; or

(b) a determination has been made under

regulation 120N(5) allowing the mining tenement holder

to do so.

(3) A mining tenement holder who does not comply with


(4) A term of a contract or agreement that purports to exclude,

restrict or modify a person’s obligation to comply with a Stop

Work Order is void, and a person’s obligation to comply with

an Order is not affected by reason of surrender, forfeiture or

expiry of the mining tenement.

[Regulation 120O inserted in Gazette 24 Jun 1994 p. 2938.]


Aerial photography Part VIB

r. 120P


Part VIB — Aerial photography

[Heading inserted in Gazette 13 Oct 1995 p. 4821.]

120P. Interpretation in Part VIB

In this Part —

“aerial photography” means aerial photography for the

purposes of mineral exploration;

“contractor” means a person who undertakes aerial

photography;

“Director” means the Director, Geological Survey.

[Regulation 120P inserted in Gazette 13 Oct 1995 p. 4821;


120Q. Information to be provided as to aerial photography

(1) A contractor shall within one year of undertaking aerial

photography provide the Director with the following

information —

(a) a copy of the flight diagram;

(b) specifications of the aerial photography including —

(i) the date on which the aerial photography was

undertaken;

(ii) the height at which the aerial photography was

undertaken;

(iii) the focal length of the camera lens used for the

aerial photography; and

(iv) whether the photographs taken were black and

white or colour;

(c) his or her name and address;

(d) the name and address of the owner of the negatives;

(e) if the owner of the negatives is not the owner of the

copyright in the negatives, the name and address of the

person who is the owner of the copyright; and


Part VIB Aerial photography

r. 120R


(f) the name and address of the person who commissioned

the aerial photography.

(2) A contractor who fails to comply with subregulation (1)

commits an offence.

[Regulation 120Q inserted in Gazette 13 Oct 1995 p. 4821-2.]

120R. Register

(1) The Director shall keep a register of the information provided

under regulation 120Q.

(2) The register shall be kept in such form as the Director thinks fit.

(3) Subject to regulation 120S, the register shall be available for

public inspection during the normal office hours of the

Department.

(4) Subject to regulation 120S, a person may, upon application to

the Director, obtain a copy of an entry in the register.

(5) The Director may amend, add to and correct the register in such

manner as is necessary to make the register an accurate record

of the information it contains.

[Regulation 120R inserted in Gazette 13 Oct 1995 p. 4822.]

120S. Confidentiality of information

(1) The Director may, at the request of an owner of negatives of

aerial photography or a contractor, classify information referred

to in regulation 120Q(d), (e) or (f) that relates to particular

aerial photography as confidential for a period not exceeding

5 years from the date on which the aerial photography

concerned was undertaken.

(2) Despite regulation 120R(3) and (4), information that is

classified as confidential under subregulation (1) shall not be

made available to the public during the period that it is so

classified.

[Regulation 120S inserted in Gazette 13 Oct 1995 p. 4822.]


Legal proceedings Part VII

r. 121


Part VII — Legal proceedings

121. Proceedings

(1) Except as provided in section 135 of the Act, all civil

proceedings in the warden’s court shall be commenced by plaint

in the form No. 33 in the First Schedule.

(2) Fees payable in respect of such proceedings are respectively set

out in the Second Schedule.

122. Lodgement, withdrawal of plaint

(1) Every plaint shall be signed by the plaintiff or his solicitor and

lodged with the prescribed fees at the office of the mining

registrar.

(2) A plaint shall not be withdrawn or proceedings stayed after a

summons has been served without the written consent of the

defendant or by leave of the warden.

123. Issue of summons

On receipt of a plaint, the mining registrar shall —

(a) fix a date and time for hearing in the warden’s court

being not less than 45 days from the date of lodgement,

unless all parties to the action consent to an earlier

hearing date;

(b) advise the plaintiff of the hearing date; and

(c) issue a summons in the form No. 34 in the First

Schedule in duplicate addressed to each defendant and

forward it for service to —

(i) the plaintiff;

(ii) the bailiff of the court; or

(iii) if there is no bailiff, to the local police constable

or some other suitable person approved by the

mining registrar for purposes of regulation 124.

[Regulation 123 amended in Gazette 17 Jan 2003 p. 114.]


Part VII Legal proceedings

r. 124


124. Affidavit of service

The person to whom the summonses are delivered shall serve

them without delay, and thereupon shall make an affidavit of

service, in the form No. 35 in the First Schedule and deliver it to

the mining registrar.

125. Time for service

(1) A summons shall be served not less than 30 days before the date

fixed for the hearing of the plaint.

(2) Where a summons has not been served within the prescribed

time, the warden or mining registrar may, on giving notice to

the plaintiff, extend the date of hearing and issue an amended

summons.

[Regulation 125 amended in Gazette 17 Jan 2003 p. 114.]

126. Notice of defence

When the defendant intends to dispute the claim he shall lodge

at the office of the mining registrar not less than 21 days before

the date fixed for the hearing or at any subsequent time prior to

the hearing as the warden may allow a notice of defence in the

form No. 36 in the First Schedule with the prescribed fee, and

the mining registrar shall forward a copy of the notice to the

plaintiff.

[Regulation 126 amended in Gazette 24 Jun 1994 p. 2938;

11 Jun 1999 p. 2545; 17 Jan 2003 p. 114.]

127. Subpoena of witness

(1) Each party may procure the attendance of witnesses by means

of a subpoena in the form No. 37 in the First Schedule.

(2) A witness who attends in answer to a subpoena shall be entitled

to the allowances prescribed in the Local Court Rules 1961.



r. 127A


(3) A witness is not required to attend unless at the time of the

service of the subpoena a reasonable sum as conduct money is

tendered to him.

127A. Persons before whom affidavit may be sworn

For the purposes of section 144(e) of the Act, the offices of —

(a) Director;

(b) General Manager;

(c) Manager; and

(d) Co-ordinator,

of the Mineral Titles Division of the Department are prescribed

as offices and classes of offices, so that the occupants of those

offices are persons before whom affidavits to be used in a

warden’s court, or to be used before a warden or a mining

registrar, may be sworn.

[Regulation 127A inserted in Gazette 24 Jun 1994 p. 2938;

amended in Gazette 13 Oct 1995 p. 4822; 4 Apr 1997 p. 1779;

21 Jan 2000 p. 345.]

128. Costs

(1) Where the warden’s court orders costs to be paid by any party,

those costs shall be in accordance with the costs allowed under

the Local Court Rules 1961.

(2) Where there is no money demanded, the warden’s court shall

determine under which scale the costs are to be awarded.

(3) In any special case where, by reason of the amount involved, or

the importance of the matters in issue, or of the complexity of

the law, of the issues or of the facts or for some other special

reason, the warden considers that the allowance under the Local

Court Rules 1961 is inadequate in that regard, the warden may,

upon application at the trial (to which the party against whom

the order is sought is entitled to be heard in reply) fix —



r. 129


(i) a special counsel fee, on brief, not exceeding $500.00;

and

(ii) where applicable a refresher fee commensurate with the

counsel fee, on brief.

129. Copy of judgment

(1) When the decision of any plaint has been delivered by the

warden’s court, a judgment in the form No. 38 in the First

Schedule may be signed by the warden or mining registrar and

filed in the court.

(2) A copy of the judgment shall, on payment of the prescribed fee,

be delivered to any person applying for it.

130. Warrant of execution

(1) Where the plaintiff or defendant has made default in the

payment of any sum of money ordered by the warden’s court to

be paid by him, the party to whom such sum is payable may, on

application to the mining registrar, and on payment of the

prescribed fee, obtain a warrant of execution against any

property of the party making such default.

(2) The warrant shall be in the form No. 39 in the First Schedule.

(3) The warrant may remain in force for a period of 12 calendar

months.

(4) Application for renewal of the warrant shall be made to the

warden or mining registrar in writing, supported by a statutory

declaration as to default having been made in payment of the

sum awarded, or any portion thereof.

131. Warrant for recovery of possession

A warrant for recovery of possession pursuant to section 141 of

the Act shall be in the form No. 40 in the First Schedule.



r. 132


132. Notice of seizure

On seizure of any mining tenement or interest therein, under a

writ of fi. fa. or a warrant issued out of the warden’s court or

any other court, notice thereof in the form No. 41 in the First

Schedule shall be given to the mining registrar with the

prescribed fee, and a copy of the writ of fi. fa. or warrant shall

be attached to the notice.

133. Sale under warrant of execution

(1) Notice of sale and of the intended place and day of sale under a

warrant of execution issued out of the warden’s court shall be

given at least 7 days before the day of sale by —

(a) affixing a notice conspicuously at or near the place

where the sale is to take place;

(b) posting a copy of the notice on the notice board at the

office of the mining registrar; and

(c) advertising particulars of the sale in a newspaper

circulating in the district wherein the warden’s court is

situated.

(2) The sale shall be conducted publicly and everything shall be

sold for ready money to the highest bidder.

134. Transfer upon sale

Upon sale under a warrant of execution the officer executing

such warrant shall sign a transfer in the form No. 23 in the First

Schedule to the purchaser of the mining tenement or interest

therein sold under the warrant.

135. Appeal to Supreme Court

An appeal pursuant to section 147 of the Act shall be made in




r. 136


136. Injunction

An order of the warden’s court for an injunction shall be in the

form No. 43 in the First Schedule.


First Schedule


First Schedule

Schedule of Forms

Form

1. Miner’s Right.

1A. Application for Permit under section 20A.

2. Application for Permit to Enter upon Private Land.

3. Permit to Enter upon Private Land.

3A. Claim for compensation and consent for an informal determination by

the warden.

4. Instrument of Licence — Prospecting Licence.

5. Operations Report — Expenditure on Mining Tenement.

6. Instrument of Licence — Exploration Licence.

7. Instrument of Licence — Retention Licence.

8. Instrument of Lease — Mining Lease.

9. Application for extension of term/renewal of a mining tenement.

10. Instrument of Lease — General Purpose Lease.

11. Instrument of Licence — Miscellaneous Licence.

12. Surrender.

13. Notice of Re-Marking.

14. Partial Surrender.

15. Application for Forfeiture.

16. Objection.

17. Application for restoration.

18. Application for Exemption.

19. Certificate of Exemption.

20. Notice of Marking Out.

21. Application for Mining Tenement.

22. Withdrawal.

23. Transfer.

24. Caveat.

24A. Withdrawal of Caveat.

25. Mortgage.

26. Discharge of Mortgage.

27. Monthly Mineral (Excluding Gold) Production Report.

27A. Monthly Gold Production Report.

28. Devolution.

29. Application for Copy Document.

30. Application to Amend.

31. Power of Attorney.


First Schedule


Form

32. Security.

33. Plaint.

34. Summons.

35. Affidavit of Service.

36. Notice of Defence.

37. Subpoena for Witness.

38. Judgment/Order of Warden’s Court.

39. Warrant of Execution.

40. Warrant for Recovery of Possession.

41. Notice of Seizure.

42. Notice of Appeal under section 147.

43. Injunction.

44. Report of Approved Surveyor.


First Schedule


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First Schedule


Form 1A WESTERN AUSTRALIA

Mining Act 1978

(Sec. 20A Reg. 4D)

APPLICATION FOR PERMIT UNDER

SECTION 20A No.

To: The Mining Registrar/Customer Service

Coordinator, Mineral Titles Division

(a) Full name,

address,

telephone

number and

Miner’s Right

number of

applicant(s)

(maximum of

3 applicants)

(a) Applicant 1

Name: ......................................................................

Address: ..................................................................

.................................................................................

Telephone No.: .......................................................

Miner’s Right No.: .................................................

Applicant 2

Name: ......................................................................

Address: ..................................................................

.................................................................................

Telephone No.: .......................................................

Miner’s Right No.: .................................................

Applicant 3

Name: ......................................................................

Address: ..................................................................

.................................................................................

Telephone No.: .......................................................

Miner’s Right No.: .................................................

(b) Number of

relevant

exploration

licence

(b) Exploration Licence No. .........................................


First Schedule


(c) Area of Crown

land in respect of

which permit

sought

(maximum of

10 blocks)

(c)

(d) Full name and

address of holder

of relevant

exploration

licence

(d)

(e) Make, model and

registration

number of

vehicle(s) to be

used

(e)

DATED this day of 20

(f) Signature of

applicant(s)

(f) ................................................................................

Applicant 1

................................................................................

Applicant 2

................................................................................

Applicant 3

O

F

F

I

C

E

U

S

E

Received at ................................m.

on ..................................................

with fee of $...................................

........................................................

(Mining Registrar/Customer Service

Coordinator, Mineral Titles Division)

Receipt No:


First Schedule


Form 2 WESTERN AUSTRALIA

Mining Act 1978

(Sec. 30 Reg. 5)

APPLICATION FOR PERMIT TO

ENTER UPON PRIVATE LAND No.

To: The Warden,

(a) Mineral Field (a) Mineral Field

The undersigned hereby makes application for a permit to enter

upon

(b) Set out particulars of

the land, location or

Lot numbers, etc. to

be stated

(b)

* Map to be attached, as delineated on the *attached map, for the purpose of

(c) State whether the

application is for the

purpose of searching

for minerals or to

mark out a mining

tenement and the

type of such

tenement

(c)

(d) Full name and

address of applicant

(d)

DATED this day of 20 .

(e) Signature of

applicant

(e) .............................................................................................

O

F

F

I

C

E

U

S

E

Received at ................................m.

on ..................................................

with fee of $...................................

........................................................

(Mining Registrar)


First Schedule



Mining Act 1978

(Sec. 30 Reg. 6)

PERMIT TO ENTER UPON PRIVATE LAND

No.

Pursuant to the provisions of the Mining Act 1978.

(a) Full name and

address of permit

holder

(a)

the holder of this permit or his duly authorised agent is hereby

authorised to enter upon

(b) Set out particulars of

the land

(b)

subject to —

(c) Conditions,

if any

(c)

This permit EXPIRES on the day of 20 but if the holder of the permit

marks out and applies for a mining tenement of any part of the land described in paragraph (b),

the permit is deemed to continue in force for the purpose only of repairing or maintaining the

marks so set up and the notices posted thereon, until such time as the application for the mining

tenement is determined.

DATED at this day of 20 .

........................................................Warden

........................................................Mineral Field

The holder of a permit under section 30 of the Mining Act 1978, or his duly authorised agent is

authorised during the currency of the permit —

(a) to enter upon and remain on the surface of the private land to which the permit relates;

(b) to search thereon for any mineral and detach one or more samples of any vein or lode

outcropping on the surface thereof not exceeding in the aggregate 13 kilograms and to take

therefrom such other samples as may be agreed by the owner or, where the owner is not in

occupation of the private land, the occupier of the private land; and

(c) to remove from the private land such samples for the purpose of assaying or testing the

value thereof, and to mark out a mining tenement with respect to that land or any part

thereof,

but the holder or his duly authorised agent shall not carry out any other mining operations on or

otherwise disturb the surface of the land.

The holder of a permit is liable to pay compensation for any loss or damage arising from any

entry upon the land effected in pursuance of this permit.


First Schedule



Mining Act 1978

(Sec. 123(3)(a),

Reg. 10A)

CLAIM FOR COMPENSATION AND CONSENT FOR AN

INFORMAL DETERMINATION BY THE WARDEN

No.

(a) State whether pastoral lease,

Crown grant or other

designation

(b) Number of lease lot, reserve

etc.

(c) Name of property (if

applicable)

Details of land affected

(a) (b)

(c)

(d) Full name and address of

owner of land

(e) Full name and address of

occupier (if applicable)

Owner and Occupier

(d)

(e)

(f) Brief details of loss or

damage claimed

(f)

(g) Here state owner, or owner

and occupier, or occupier

(as applicable)

(h) Full name of person liable

for compensation

(i) Full address of person liable

for compensation

WE, the undersigned, being the (g)

of the land referred to above and (h)

of (i)

acknowledge that the claimant is entitled to compensation

for loss or damages resulting from mining and that an

agreement as to the amount of such compensation has not

been reached. The parties herein therefore consent to a

determination of the amount of compensation being made by the warden in accordance with section 123(3)(a)

(j) Signature of owner of land

(k) Signature of occupier of

land

(l) Signature of person liable

for compensation

(j) ......................................

(k) .....................................

(l) ......................................

Received at .............................

.............................................on

.............................................

.............................................

(Mining Registrar)

(NOTE: The owner or occupier of the land will be required to produce proof of ownership or

right of occupancy of the land, either by producing the title, a recent title search, or

the document/s under which his rights are confirmed.)


First Schedule


Form 4

Instrument

of Licence

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 116 Reg. 13)

PROSPECTING LICENCE

No.

(a) Name and address

of holder and

number of shares

(a)

is/are subject to the provisions of the Mining Act 1978 and to the

conditions stated in the Schedule hereunder, authorised in accordance

with section 48 of the Act to prospect the land the subject of this

licence situated at

(b) Locality (b) in the

(c) Mineral Field (c) Mineral Field

containing approximately

(d) Area (d) hectares

for a term of 4 years commencing on the date of grant of the licence.

(e) Date Licence

granted

(e)

(f) Shire (f)

(g) Plan (g)

........................................

Mining Registrar

NOTE

In addition to any specific conditions that are endorsed on this instrument, the holder in exercising

the rights granted herein must first ensure that the necessary consents and permission have been

obtained and compensation has been agreed to or determined in respect to certain Crown land,

Public Reserves, etc., private land and where the lawful rights of other land users are concerned.

For schedule of endorsements/conditions see reverse of form.

Reverse of form

Schedule of Endorsement/Conditions:


First Schedule


Form 5 WESTERN AUSTRALIA Page 1

Mining Act 1978

(Secs. 51, 68, 70H, 82 and 115A)

(Regs. 16, 22, 23E, 32, 96B and 96C)

OPERATIONS REPORT – EXPENDITURE ON MINING TENEMENT

(To be completed in accordance with instructions on pages 3 and 4.)

Annual: Final:

Tenement Type: Number: /

Reporting Period: From: / / To: / /

MINERAL-EXPLORATION AND/OR MINING ACTIVITIES Itemise

activities and

expenditure

on

Attachment 1

A. MINERAL-EXPLORATION ACTIVITIES: $

B. MINING ACTIVITIES: $

Evidence of

lodgement to

be provided

C. ABORIGINAL HERITAGE SURVEYS: $ Copy to be lodged with the Registrar of Aboriginal Sites.

D. ANNUAL TENEMENT RENT AND RATES: $

E. ADMINISTRATION/OVERHEADS: $

F. (OTHER) LAND ACCESS/NATIVE

TITLE COSTS: Jointly not to exceed 20% of the minimum

commitment or expenditure on the activities

shown above, whichever is the greater (see

page 4 for instructions).

$ $

TOTAL EXPENDITURE: $

N.B. Full details and results of mineral-exploration activities must be submitted in the annual

mineral-exploration report in accordance with section 115A of the Act and the guidelines published under

regulation 96B.

OR

Itemise

activities and

expenditure

on

Attachment 2

PROSPECTING AND/OR SMALL SCALE MINING ACTIVITIES

TOTAL EXPENDITURE: $

(A to E ON ATTACHMENT 2)

A copy of this page of the Operations Report and Attachment 1 titled “Summary of Mineral-Exploration and/or Mining Activities” or Attachment 2 titled “Summary of

Prospecting and/or Small Scale Mining Activities” may be obtained by any person on the

payment of the prescribed fee in accordance with regulation 96(3).


First Schedule


Page 2

Full name

and address

of holder/s.

NAME: ............................................................................................................................. .............................

............................................................................................................................. .............................

..........................................................................................................................................................

ADDRESS:

Full name

and address

of operator/

manager (if

mining

tenement

under option

or joint

venture).

NAME: ............................................................................................................................. .............................

ADDRESS: ............................................................................................................................. .............................

............................................................................................................................. .............................

List here

details of the

related

annual

mineral-

exploration

report.

Mineral-Exploration report (for single tenement)

Title:

Combined Mineral-Exploration report (for group of 2 or more tenements)

Title:

Combined reporting number for tenement group: C /

Combined reporting date for group: / /

I certify that the information on pages 1 and 2 and in Attachment 1 “Summary of

Mineral-Exploration and/or Mining Activities” or Attachment 2 “Summary of Prospecting

and/or Small Scale Mining Activities” constitutes a true statement of the operations carried out and monies expended on this mining tenement during the reporting period specified.

Signature of holder or agent

Date: / /

(Tick

appropriate

box and

show

expenditure.

If more than

one

commodity

sought, tick

appropriate

boxes and

allocate

expenditure

for each

one).

MINERAL COMMODITY SOUGHT ON TENEMENT

Gold $ Diamond $

Iron ore $ Mineral Sands $

Nickel/Cobalt $ Other (specify) $

Copper/Lead/

Zinc/Silver

$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This page is not to be copied in conjunction with regulation 96(3). Note:

ATTACHMENT 1 —

SUMMARY OF

MINERAL-EXPLORATION

AND/OR MINING

ACTIVITIES

OR

ATTACHMENT 2 — SUMMARY

OF PROSPECTING AND/OR

SMALL SCALE MINING

ACTIVITIES

H

E

A

D

O

F

F

I

C

E

U

S

E

This operations report received

(A) The attachments to the Form 5 are to provide a summary of the activities carried

out and the cost of each activity. For Attachment 1 you may either use the

pro-forma sheet or a separate sheet with the suggested headings as shown under

4(A) and (B) in the instructions. For Attachment 2 the pro-forma sheet

available from the Department must be used.

(B) A copy of Attachment 1 or 2 will be provided together with a copy of the front

page of the Form 5 to any person on payment of the prescribed fee.


First Schedule


Page 3 INSTRUCTIONS FOR THE COMPLETION OF FORM 5

1. The Form 5 “Operations Report” and mineral exploration report are required to be lodged annually for each mining tenement

within sixty (60) days from the anniversary or surrender date of the mining tenement (or such further period as may be

approved by the Minister prior to the expiry of that period).

These reports should be lodged with —

The Director General, Department of Minerals and Energy 4, 100 Plain Street, East Perth, WA 6004.

N.B. A mineral exploration report is not required if the general prospecting activities detailed in Attachment 2 are the only

activities carried out.

2. The Form 5 and attachments must show expenditure incurred on the activities undertaken during the annual period of the

mining tenement or the period up to surrender and may be varied according to the type of activities undertaken —

(a) for mineral-exploration and/or mining activities (see 3 below); and/or

(b) for general prospecting and/or small scale mining activities (see 4 below).

3. For mineral-exploration and/or mining activities, the format of the Form 5 consists of the 2 pages (as shown on this form) plus

Attachment 1 to provide details of the cost and description for each activity (see A and B below for examples of the activities to

be shown). The full cost of Aboriginal heritage surveys is allowed (see C below). Administration/overheads/land access/native

title costs are not to exceed 20% of the minimum expenditure commitment, or the total of expenditure incurred on activities,

whichever is the greater (see D and E below for the costs that can be claimed). Full details and results of mineral-exploration

activities are required to be submitted in a mineral-exploration report (see 6 to 8 below).

4. For all other general prospecting activities (i.e. non-geoscientific activities such as metal-detecting, loaming, panning, dollying,

dry-blowing, trenching, plant and equipment hire, own labour costs) the format of the Form 5 consists of the 2 pages (as shown

on this form) plus Attachment 2 to provide details of prospecting and/or small scale mining activities.

A. MINERAL EXPLORATION ACTIVITIES

Geological activities: geological mapping, sampling, drilling supervision, core logging, non-core drill-sample logging,

geological data processing and interpretation, petrology, planning of exploration programs, report preparation; where

appropriate, general prospecting can be added here.

Geochemical activities: geochemical sampling, analysis of surface geochemical samples or subsurface drilling samples,

geochemical data processing and interpretation. ALSO show number of samples collected.

Geophysical activities (surface/subsurface): ground geophysical surveys, downhole logging, geophysical data processing

and interpretation.

Airborne geophysical activities: aerial survey costs, geophysical data processing and interpretation.

Remote sensing activities: aerial photography, remote sensing images, photo interpretation, image processing and

interpretation.

Mineralogical activities (exploration for diamonds, heavy mineral sands, etc.): bulk sampling, mineral separation,

mineralogy and analysis of diamond indicator minerals or other minerals.

Surveying activities: gridding, line clearing, grid tie-in, tenement boundaries, etc.

Core drilling: diamond drilling costs (including pre-collar open-hole non-core drilling), access road and drill-site

preparation; ALSO show metres drilled and number of holes completed.

Non-core drilling: drilling costs, access road preparation; ALSO show metres drilled and number of holes completed. Costs

for deep geochemical sampling by auger or air-core drilling can also be shown here.

(N.B. Specify drilling for groundwater supply.)

Costeaning: plant and equipment hire for trenching and bulk sampling.

Field supplies: exploration equipment, consumables and supplies, plant and equipment hire, fuel, oil, etc., depreciation of

direct exploration equipment, wages for non-professional field personnel.

Drafting activities: drafting equipment, consumables and supplies, salaries for drafting personnel.

Travel: travel costs directly associated with mineral exploration activities conducted on the tenement.

Field camp activities: establishment and maintenance of exploration base camps, food and accommodation, vehicle costs,

contractor helicopter support.

Environmental: environmental studies.

Feasibility study activities:

Rehabilitation activities:

B. MINING ACTIVITIES (DEVELOPMENT AND PRODUCTION)

Mine planning, open-cut mining, underground mining, shaft sinking, decline construction, underground drilling, pre-blast

bench drilling, ore treatment, construction and maintenance of ore stockpiles, waste dumps, tailings dams and dumps, etc.

ALSO show tonnes mined or treated. Any costs associated with care and maintenance on an idle mining operation can also be

shown here.

C. ABORIGINAL HERITAGE SURVEYS

A copy of any survey undertaken to be lodged with the Registrar, Aboriginal Sites, Aboriginal Affairs Department 5 as soon as

practicable, where the cost of conducting it is claimed for expenditure purposes. Evidence of lodgement of the survey must be

provided to the Department of Minerals and Energy 4.


First Schedule


Page 4 D. ANNUAL TENEMENT RENT AND RATES

Rental and local government rates, paid in connection with the mining tenement each year.

E. ADMINISTRATION AND OVERHEADS

All non-field activities such as head office costs, accounting, mining tenement management, administration, research, literature

studies, training, etc.

F. LAND ACCESS/NATIVE TITLE

All other native title and land access costs including private land access costs but excluding payments for compensation.

N.B. The amount allowed under E and F not to exceed 20% of the minimum expenditure commitment or the total expenditure

incurred on activities, whichever is the greater.

NON-ALLOWABLE EXPENDITURE

5. This includes the following —

(a) cost of marking-out of mining tenements;

(b) acquisition costs of tenements and associated expenses;

(c) research activities not directly related to a specific tenement; and

(d) compensation payments.

MINERAL EXPLORATION REPORTS

6. The date for lodging a combined mineral-exploration report, on a group of 2 or more mining tenements, can be varied to a

common reporting date, if prior written approval has been obtained from the Director of the Geological Survey in accordance

with section 115A(4) of the Act and the guidelines.

7. The format and contents of all mineral-exploration reports must be to the satisfaction of the Minister in accordance with the

guidelines.

8. All data in mineral-exploration reports will be kept confidential by the Department and may be available for release in

accordance with regulation 96.

COPYRIGHT

9. Each mineral-exploration report must show that written authorisation has been provided by the tenement holder(s), or any other

person who is the owner of copyright for any data contained in the report, to allow the Minister to release all information in the

report in accordance with regulation 96.

EXEMPTION FROM EXPENDITURE CONDITIONS

10. A tenement holder or an authorised agent can apply for an exemption from expenditure on a mining tenement in accordance

with section 102 of the Act. Such application should be lodged with the Mining Registrar.


First Schedule


ATTACHMENT 1

SUMMARY OF MINERAL EXPLORATION AND/OR

MINING ACTIVITIES

(Complete in accordance with instructions on pages 3 and 4.)

Itemise as

appropriate.

Use a

separate

sheet if

necessary.

Tenement Type: Number: /


A. Mineral-Exploration Activities

B. Mining Activities (Development and Production)

C. Aboriginal Heritage Surveys

D. Annual Tenement Rent and Rates

E. Administration and Overheads

F. Land Access/Native Title

TOTAL EXPENDITURE $

A copy of this page can be obtained by any person on the payment of the prescribed fee in accordance

with regulation 96(3).


First Schedule


ATTACHMENT 2

SUMMARY OF PROSPECTING AND/OR SMALL SCALE

MINING ACTIVITIES

(Complete in accordance with instructions on pages 3 and 4)

Tenement Type: Tenement No: /


A. General Prospecting Activities

Metal Detecting:

No. of days worked at $ $

Loaming, panning, sampling, dollying, dry-blowing:


Costeaning/trenching:

No. excavated No. of days $

Other activities (specify):




Plant and equipment hire: $

Fuel, oils, etc.: $

Field supplies (food consumables, etc.): $

SUBTOTAL (A) $

AND/OR

B. Small Scale Mining Activities

Construction:


Development:


Construction materials: $

Plant and equipment hire: $

Fuel, oils, etc.: $

Field supplies (food consumables, etc.): $

Tonnes of ore/rock/dirt mined or treated:

SUBTOTAL (B) $

Aboriginal Heritage Surveys: SUBTOTAL (C) $

(a copy must be lodged with the Registrar of Aboriginal Sites)

Annual Tenement Rent and Rates: SUBTOTAL (D) $

Administration/Overheads/Native Title: SUBTOTAL (E) $

(not to exceed 20% of the minimum expenditure commitment or total expenditure

on the activities shown at subheadings (A) & (B), whichever is greater)

TOTAL EXPENDITURE (add SUBTOTALS A to E) $

A copy of this page can be obtained by any person on the payment of the prescribed fee in accordance with regulation 96(3).


First Schedule


Form 6

Instrument of Licence

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 116 Reg. 19)

EXPLORATION LICENCE

No. (a) Name and address

of holder and

number of shares

(a)

is/are authorised in accordance with section 66 of the Act to explore

the land the subject of this licence situated at



(d) Number of Blocks containing

(d) as described in the First Schedule

for a term of 5 years commencing on the date of grant of the licence.

(e) Date Licence

granted

(e)

(f) Shire (f)

subject to the provisions of the Mining Act 1978 and to the

conditions/endorsements as set out in the Second Schedule.

...........................................................

Mining Registrar

NOTE

In addition to any specific conditions that are endorsed on this

instrument, the holder in exercising the rights granted herein must first

ensure that the necessary consents and permission have been obtained

and compensation has been agreed to or determined in respect to

certain Crown land, Public Reserves, etc., private land and where the

lawful rights of other land users is concerned.

For Schedules see attached.


First Schedule


Form 7

Instrument of

Licence

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 116 Reg. 23D)

RETENTION LICENCE

No.

(a) Name and

address of holder

and number of

shares

(a)

is/are, authorised in accordance with section 70J of the Mining

Act 1978 to further explore the land which is the subject of this

licence situated at




(d) Area (d) hectares

for a term of years commencing on the date of the grant

of the licence.

(e) Date

Licence

Granted

(e)

(f) Shire (f)

subject to the provisions of the Mining Act 1978 and the

conditions/endorsements as set out on the reverse of this Form.

..............................................................

Mining Registrar

NOTE


the rights granted by this Licence must first ensure that the necessary consents and permission

have been obtained and compensation has been agreed to or determined in respect to certain

Crown Land, Public Reserves, private land, etc., and where the lawful rights of other land users is

concerned or affected.

________

(Reverse of Form)

Schedule of Endorsements/Conditions/Description of

Granted Area


First Schedule



Instrument of Lease Mining Act 1978

(Sec. 116 Reg. 26)

MINING LEASE No.

The Minister a corporation sole established by the Mining Act 1978 in consideration of the rents

hereinafter reserved and of the covenants on the part of the Lessee described in the First Schedule

to this lease and of the conditions hereinafter contained and pursuant to the Mining Act 1978

hereby leases to the Lessee the land more particularly delineated and described in the Second

Schedule to this lease subject however to the exceptions and reservations if any set out in the

Third Schedule to this lease and to any other exceptions and reservations which are by the Mining

Act 1978 and by any Act for the time being in force deemed to be contained herein to hold to the

Lessee in the shares set out in the First Schedule to this lease for a term of 21 years commencing

on the date set out in the Fourth Schedule to this lease upon and subject to such of the provisions

of the Mining Act 1978 as are applicable to mining leases granted thereunder and to the covenants

and conditions hereinafter contained or implied herein the Lessee paying therefor the rents and

royalties for the time being and from time to time respectively prescribed pursuant to the

provisions of the Mining Act 1978 at the times and in the manner so prescribed.

AND it is hereby agreed and declared that unless the Lessee shall at all times duly and punctually

perform and observe the covenants and conditions hereinafter contained or implied herein this

lease shall be liable to forfeiture and may be forfeited by the Minister pursuant to the powers in

that behalf conferred by the Mining Act 1978 provided that the Minister may as he thinks fit

impose on the Lessee a penalty as an alternative to forfeiture of this lease. The covenants and

conditions hereinbefore referred to are that the Lessee shall —

1. pay the rents and royalties due under this lease at the prescribed time and in the prescribed

manner

2. use the land in respect of which this lease is granted only for mining purposes in accordance

with the Mining Act 1978

3. comply with the prescribed expenditure conditions applicable to such land unless partial or

total exemption therefrom is granted in such manner as is prescribed

4. not transfer or mortgage a legal interest in such land or any part thereof without the prior

written consent of the Minister, or of an officer of the Department acting with the authority

of the Minister

5. lodge with the Department at Perth such periodical reports and returns as may be prescribed

6. promptly report in writing to the Minister details of all minerals of economic significance

discovered in, on or under the land the subject of this lease

7. duly and punctually observe and perform all other provisions of the Mining Act 1978 and of

any other Act for the time being in force applicable or relating to the Lessee or this lease or

the land the subject of this lease

8. if any mineral is specified in the Fifth Schedule to this lease, be authorised by this lease to

mine on or under or both and remove from the land the subject of this lease only the mineral

so specified

9. duly and punctually perform and observe the further conditions or stipulations if any set out

in the Sixth Schedule to this lease as well as any condition which may hereafter be imposed

by the Minister pursuant to section 84 of the Mining Act 1978

10. cause all holes, pits, trenches and other disturbances to the surface of the land and subject of

this lease made whilst mining and which in the opinion of an environmental officer are


First Schedule


likely to endanger the safety of any person or animal to be filled in or otherwise made safe

to the satisfaction of the environmental officer.

In this lease: “Lessee” includes the executors administrators and permitted assigns of the

Lessee or if the Lessee be more than one of the respective executors

administrators and permitted assigns of each Lessee or in the case of a Lessee

which is a corporation the successors and permitted assigns of that Lessee.

If the Lessee be more than one the liability of the Lessee hereunder shall be joint

and several.

Reference to an Act includes all amendments to that Act and to any Act passed in

substitution therefor or in lieu thereof and to the regulations and by-laws for the

time being in force thereunder.

FIRST SCHEDULE

(The name address and description of the Lessee and the shares in which the lease is held.)

SECOND SCHEDULE

(Description of Land:)

Locality:

Mineral Field: Area, etc.:

Being the land delineated on Survey Diagram No. and

recorded in the Department of Mines 4, Perth.

THIRD SCHEDULE

All petroleum as defined in the Petroleum Act 1967 on or below the surface of the land the subject

of this lease is reserved to the Crown in right of the State of Western Australia with the right of

the Crown in right of the State of Western Australia and any person lawfully claiming thereunder

or otherwise authorised to do so to have access to the land the subject of this lease for the purpose

of searching for and for the operations of obtaining petroleum (as so defined) in any part of the

land.

FOURTH SCHEDULE

Date of Commencement of the lease.

FIFTH SCHEDULE

If applicable minerals to be specified.

SIXTH SCHEDULE

Any further endorsements/conditions or stipulations.

NOTE



obtained and compensation has been agreed to or determined in respect to certain Crown Land,


IN witness whereof the Minister has affixed his seal

and set his hand hereto

this ......................... day of ......................20...............

MINISTER


First Schedule


[Form 8 amended in Gazette 3 Feb 2006 p. 524 and 602.]


First Schedule



Mining Act 1978

(Secs. 45, 61, 70E, 78, 88, 91A, 91B)

(Regs. 16B, 23A, 23F, 29, 36A, 42A)

APPLICATION FOR EXTENSION OF

TERM/RENEWAL OF A MINING TENEMENT

No.

(a) Type of

Tenement

(b) Number

(c) Mineral field

(d) Expiry date

Details of mining tenement

(a) (b)

(c)

(d)

(e) Full name and

address of

holder(s)

Holder

(e)

(f) Signature of

holder or

agent

THE HOLDER of the abovementioned mining tenement hereby applies

for extension/renewal thereof for a further period of years.

DATED THIS day of 20

Signed (f) ....................................................................................................

O

F

F

I

C

E

U

S

E

Received at ....................................m.

on ........................................................

together with rent of

$

for the year ending

....../....../......

.............................................................

(Mining Registrar)

NOTES: 1. This application is to be accompanied by the lease instrument or licence

document, as applicable.

2. Reporting obligations under the regulations must be complied with to enable

consideration of this application.

3. If this application is for an extension of a prospecting licence or an exploration

licence, or a renewal of a retention licence, any information or other material

required by regulation 16B(1)(c)(iii), 23A(1)(c)(iii) or 23F(1)(b)(i) (whichever

applies) must be attached.


First Schedule


[Form 9 amended in Gazette 3 Feb 2006 p. 602.]


First Schedule



INSTRUMENT OF LEASE Mining Act 1978

(Sec. 116 Reg. 35)

GENERAL PURPOSE LEASE No.

The Minister a corporation sole established by the Mining Act 1978 in consideration of the rents

hereinafter reserved and of the covenants on the part of the Lessee described in the First Schedule

to this lease and of the conditions hereinafter contained and pursuant to the Mining Act 1978

hereby leases to the Lessee for the purpose set out in the Second Schedule to this lease the land

more particularly delineated and described in the Third Schedule to this lease subject however to

the exceptions and reservations if any set out in the Fourth Schedule to this lease and to any other

exceptions and reservations which are by the Mining Act 1978 and by any Act for the time being

in force deemed to be contained herein to hold to the Lessee in the shares set out in the First

Schedule to this lease for a term specified in the Fifth Schedule to this lease and commencing on

the date set out in the Sixth Schedule to this lease upon and subject to such of the provisions of

the Mining Act 1978 as are applicable to general purpose leases granted thereunder and to the

covenants and conditions hereinafter contained or implied herein the Lessee paying therefor the

rents and royalties for the time being and from time to time respectively prescribed pursuant to the

provisions of the Mining Act 1978 at the times and in the manner so prescribed.

AND it is hereby agreed and declared that unless the Lessee shall at all times duly and punctually

perform and observe the covenants and conditions hereinafter contained or implied herein this

lease shall be liable to forfeiture and may be forfeited by the Minister pursuant to the powers in

that behalf conferred by the Mining Act 1978. The covenants and conditions hereinbefore referred

to are that the Lessee shall —

1. pay the rents due under this lease at the prescribed time and in the prescribed manner

2. use the land in respect of which this lease is granted solely for the purpose set out in the

Second Schedule to this lease

3. not transfer or mortgage a legal interest in such land or any part thereof without the prior

written consent of the Minister, or of an officer of the Department acting with the authority of

the Minister

4. lodge with the Department at Perth such periodical reports as are approved by the Director

General of Mines as being required in respect of a general purpose lease

5. promptly report in writing to the Minister details of all minerals of economic significance

discovered in, on or under the land the subject of this lease

6. duly and punctually observe and perform all other provisions of the Mining Act 1978 and of

any other Act for the time being in force applicable or relating to the Lessee or this lease or

the land the subject of this lease

7. duly and punctually perform and observe the further conditions or stipulations if any set out in

the Seventh Schedule to this lease as well as any condition which may hereafter be imposed

by the Minister pursuant to section 84 of the Mining Act 1978.

In this lease: “Lessee” includes the executors administrators and permitted assigns of the

Lessee or if the Lessee be more than one the respective executors administrators

and permitted assigns of each Lessee or in the case of a Lessee which is a

corporation the successors and permitted assigns of that Lessee.

If the Lessee be more than one the liability of the Lessee hereunder shall be joint and

several.


First Schedule


Reference to an Act includes all amendments to that Act and to any Act passed in

substitution therefor or in lieu thereof and to the regulations and by-laws for the time

being in force thereunder.

FIRST SCHEDULE

(The name address and description of the Lessee and the shares in which the lease is held.)

SECOND SCHEDULE

(Here set out such of the purposes referred to in section 87(1) of the Mining Act 1978 as this lease

is to be granted for.)

THIRD SCHEDULE

(Description of Land:)

Locality:

Mineral Field: Area, etc.:

Being the land delineated on Survey Diagram No. and

recorded in the Department of Mines 4, Perth.

FOURTH SCHEDULE

All petroleum as defined in the Petroleum Act 1967 on or below the surface of the land the subject

of this lease is reserved to the Crown in right of the State of Western Australia with the right of

the Crown in right of the State of Western Australia and any person lawfully claiming thereunder

or otherwise authorised to do so to have access to the land the subject of this lease for the purpose

of searching for and for the operations of obtaining petroleum (as so defined) in any part of the

land.

FIFTH SCHEDULE

The term of the lease is

SIXTH SCHEDULE

Date of commencement of the lease.

SIXTH SCHEDULE

Any further endorsements/conditions or stipulations

NOTE





IN witness whereof the Minister has affixed his seal and set his

hand hereto this .............................. day of ................................20............ ...

MINISTER



First Schedule


Form 11

Instrument

of Licence

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 116 Reg. 42)

MISCELLANEOUS LICENCE

No.

(a) Name and address

of holder and

number of shares

(b) Purpose of

Licence

(c) Locality

(d) Mineral Field

(e) Area

(f) Date Licence

granted

(g) Shire

(h) Plan

(a)

is/are subject to the provisions of the Mining Act 1978 and to the

conditions stated in the Schedule hereunder, authorised in accordance

with section 94 of the Act to:

(b)

situated at

(c) in the

(d) Mineral Field and


(e) hectares

for a term of 5 years commencing on the date of grant of the licence

(f)

(g)

(h)

................................................

Mining Registrar

NOTE




Public Reserves etc., private land and where the lawful rights of other land users are concerned.

For Schedule of Endorsements/Conditions see reverse of form.

Reverse of form

Schedule of Endorsements/Conditions:


First Schedule


Form 12

WESTERN AUSTRALIA

Mining Act 1978

(Sec. 95 Reg. 43)

SURRENDER

(a) Type

(b) Number

(c) Mineral Field

Details of Mining Tenement

(a) (b)

(c)

(d) Full name and address

of each holder

Holder

(d)

*If the surrender is a

conditional one, add

“conditionally on

application for being

granted”

THE HOLDER of the abovementioned mining tenement hereby

applies to surrender all right title and interest therein.*


(e) Signature of holder

(f) Signature of witness

Holders sign in the presence of Witnesses

here sign here (e) ................................... (f) .................................

................................... .................................

................................... .................................

................................... .................................

.................................. .................................

LODGING PARTY

(g) Full name and address

(for return of

documents)

(g)

O

F

F

I

C

E

U

S

E

Received at ....................m.

on ........................................

.............................................

(Mining Registrar)


First Schedule


Form 13

WESTERN AUSTRALIA

Mining Act 1978

(Reg. 45)

NOTICE OF RE-MARKING

(to be fixed to Datum Post of retained portion)

(a) Type

(b) Number

(c) Mineral Field


(a) (b)

(c)

(d) Full name and

address of holder

Holder

(d)

The abovementioned mining tenement has been re-marked for the

purpose of a surrender of part of the tenement under the provisions of

the Mining Act 1978. The following is a description of the retained

portion —

(e) Describe

boundaries of

retained portion

(f) Area of retained

portion

Portion Retained

(e)

(f)

(g) Date and time of

re-marking

(g)

(h) Signature of

holder

(h) ............................................................................................................


First Schedule


Form 14

*If applicable, add

whether the surrender is

under section 26A or

section 65

WESTERN AUSTRALIA

Mining Act 1978

(Secs. 26A, 65, 95 Reg. 45)

PARTIAL SURRENDER*

(This form must be accompanied by a map clearly delineating the

portion of the tenement being —

(i) surrendered; and (ii) retained.)

(a) Type

(b) Number

(c) Mineral Field


(a) (b)

(c)

(d) Full name and

address of each

holder

Holder

(d)

**If the surrender is a

conditional one, add

“conditionally on

application for ...........

being granted”

(e) Describe the

boundaries of the

portion being

surrendered

THE HOLDER of the abovementioned mining tenement hereby

applies to surrender all right, title and interest in that portion described

hereunder.**

PORTION BEING SURRENDERED

(e)

Area***

*** In ha/km2 or

number of blocks


(f) Signature of

holder

(g) Signature of

witness

Holders sign in the presence of Witnesses sign

here here

(f) .................................... (g) ......................................

.................................... ......................................

................................... ......................................

LODGING PARTY

(h) Full name and

address (for return

of documents)

(h)


First Schedule


O

F

F

I

C

E

U

S

E

Received at ...................................

on ..................................................

with fee of $ .................................

.......................................................

(Mining Registrar)


First Schedule



Mining Act 1978

(Sec. 96 Reg. 49)

APPLICATION FOR FORFEITURE

To the Warden,

Mineral Field

Application is made for forfeiture of the mining tenement/s referred to in Column 1

hereunder for the breach of condition stated opposite in Column 2 or 3 —


Mining Tenement Failure to pay rental

Other Breach

Amount Date Due


...........................................................................

Mining Registrar

To the Mining Registrar,

The date on which I intend to hear an application for forfeiture is

........../ ........../ ..........

In accordance with regulations 49 and 53 of the Mining Regulations 1981 —

(a) notify the holder by post

(b) notify any registered mortgagee

(c) post a notice on your notice board

(d) publish a notice in the Government Gazette

...........................................................................

Warden


First Schedule



Mining Act 1978

(Secs. 42, 59, 70D, 75, 97A Regs. 49, 51B, 55, 67, 120A)

OBJECTION No.

To: The Warden

(a) Mineral Field

(a) Mineral Field

The undersigned objects to

(b) Insert particulars of the

matter objected to and mining

tenement affected

(b)

for the following reasons —

(c) Set out grounds for objection

(c)

And pending the hearing of this objection, require you to

(d) “Withhold your

recommendation” OR as the

case may be

(d)

(e) Full name and address of

objector

(e)

(f) Insert date on which copy of

application for mining

tenement received (See

Note 1)

(f)

(g) Signature of objector or agent DATED this day of 20

(g)

.........................................................................................

This objection will be heard in the Warden’s Court at at

the hour of .m. on the day of 20

O

F

F

I

C

E

U

S

E

Received at ............................ m.

on ................................................

.....................................................

(Mining Registrar)

Note 1: To be completed if the objection is in respect of an application for a mining tenement

that relates to private land.



First Schedule



Mining Act 1978

(s. 97A, Regs. 51, 51A)

APPLICATION FOR

RESTORATION No.

(a) Type

(b) Number

(c) Mineral Field


(a) (b)

(c)

(d) Full name and

address of each

applicant

Applicant

(d)

(e) Reason for forfeiture

(f) Date of forfeiture

(g)

(h) Signature of

applicant

Application made for the restoration of the abovementioned mining

tenement which was forfeited for the following reason —

(e)

on the (f)

This application is made on the following grounds —

(g)

DATED this ....................... day of .................................. 20...........

(h) .....................................................................

A NOTICE OF OBJECTION to this application may be lodged at the office of the mining

registrar at .............. on or before the .............. day of .................................. 20........... and

the hearing will take place on the .................... day of .................................. 20............

O

F

F

I

C

E

U

S

E

Received at .....................................................m

on .......................................................................

with fee of $..................................together with

the outstanding rent of........................................

for the period ending .........................................

............................................................................

(Mining Registrar)

Receipt No.

.................................


First Schedule



Mining Act 1978

(s. 102, r. 54)

Office Use

No.

APPLICATION FOR EXEMPTION

(a) Type

(b) Number

(c) Mineral Field

Details of mining tenement/s

(a)

(b)

(c)

(d) Full name and address

of each holder

Holder

(d)

(e) Amount of

expenditure for which

exemption is sought

(f) Expiry date/s of

period to which

exemption relates

(g) Reasons for

application (include

relevant paragraph/s

of section 102(2) of

the Mining Act 1978

if applicable) (see

Note 1)

Exemption details (for each tenement affected)

(e) $

(f)

(g)

(h) Signature of holder or

authorised agent

APPLICATION is made for exemption for the period

specified from the expenditure conditions applicable to

the abovementioned mining tenement/s.


(h) ....................................................................................


First Schedule


OBJECTIONS to this application may be lodged at the office of the mining

registrar at .....................................................................................................................

on or before the day of 20

Where an objection to this application is lodged the hearing will take place on a

date to be set.

O

F

F

I

C

E

U

S

E

Received at ........................................................m

on ..........................................................................

with fee of $...........................................................

...............................................................................

(Mining Registrar)

Note 1: A statutory declaration setting out reasons in support of the application must be

lodged at the office of the mining registrar within 28 days after lodgment of the

application or within any extension of that period.

(See regulation 54(3) and (4) of the Mining Regulations 1981.)



First Schedule



Mining Act 1978

(s. 102 and 102A, r. 58)

CERTIFICATE OF EXEMPTION

No.

This is to certify that the holder of —

(a) Type of

tenement/s

Number/s and

Mineral Field

(a)

has been granted exemption from expenditure

under section/s —

(b) Section/s of the

Mining Act 1978

under which

exemption

granted

(b)

in the amount/s of —

(c)

Amount of

expenditure (for

each mining

tenement

affected)

(c) ($)

for the above mining tenement/s during the

year/s of the term of the tenement/s ending

on —

(d)

Expiry date/s of

year/s to which

exemption relates

(d)


............................................ Mining Registrar

.................................................. Mineral Field


First Schedule



Mining Act 1978

(Sec. 105 Reg. 59)

NOTICE OF MARKING OUT (To be fixed to Datum Post to complete marking out)

NOTICE IS given that

(a) Full names and address

of applicant

(a)

has marked out this land under the provisions of the Mining

Act 1978 as a

(b) Type of tenement (b)

and the following is a description of the boundaries thereof —

(c) Description of

boundaries

(c)

(d) Approximate area

(ha/km2)

(d)

Marking out was completed by fixing this notice at

(e) Time and date marking

out completed

(e) .m. on the day of 20 .

(f) Signature of applicant or

agent

(f) ...................................................................................................


First Schedule



Mining Act 1978

(Secs. 41, 58, 70C, 74, 86, 91, Reg. 64)

APPLICATION FOR MINING TENEMENT (a) Type of tenement

(a)

No................./ ..............

(b) Time & Date marked out

(where applicable)

(b) a.m./p.m. / / (c)

(c) Mineral Field (d) & (e) (f) Shares

APPLICANT:

(d) Full

Name

(e) Address

(f) No. of

shares

(g) Total No.

of shares

for

each

appli- c

ant

DESCRIPTION OF GROUND (g) Total

APPLIED FOR. (h)

(For Exploration Licences see

Note 1. (i)

For other Licences see Note 2.

For all Licences see Note 3.) (j)

(h) Locality

(i) Datum Peg

(j) Boundaries

(k) Area (ha or Km2)

(k)

(l) Signature of applicant or (l) ................................................................... DATE ..........................................................

agent

O

F

F

OBJECTIONS to this application may be lodged at the office of the mining registrar at ..................................................

on or before the .......................................... day of ......................................................... 20 ................... (see Note 4)

Where an objection to this application is lodged the hearing will take place on a date to be set.

I FEES PAID $ c Receipt No:

C Application SHIRE:

E Rent

TOTAL Map Ref.

U

S

E

Received at ................................................m

on ...................................................................

........................................................................

(Mining Registrar)

Plan........................

...............................

Scale ......................


First Schedule


NOTES

Note 1: EXPLORATION LICENCE

(i) Attachments 1 and 2 form part of every application for an exploration licence and

must be lodged with this form in lieu of (h), (i), (j) and (k) above.

(ii) An application for an Exploration Licence shall be accompanied by a statement

specifying method of exploration, details of the proposed work programme, estimated

cost of exploration and technical and financial ability of the applicant(s).

Note 2: PROSPECTING/MISCELLANEOUS LICENCE AND MINING/GENERAL

PURPOSE LEASE

This application form shall be accompanied by a map on which are clearly delineated the

boundaries of the area applied for.

Note 3: GROUND AVAILABILITY

(i) The onus is on the applicant to ensure that ground is available to be marked out and/or

applied for.

(ii) The following action should be taken to ascertain ground availability:

(a) public plan search; (b) register search; (c) ground inspection.

Note 4: ALL APPLICATIONS OVER PRIVATE LAND

The period for lodgement of an objection is within 21 days of service of this notice, or the date

noted above for lodging objections, whichever is the longer period.


First Schedule


WESTERN AUSTRALIA

Mining Act 1978 FORM 21 — ATTACHMENT 1

Sec. 58, Reg 64

EXPLORATION LICENCE NO.............../................

THIS SECTION MUST BE COMPLETED IN FULL FOR ALL EXPLORATION LICENCE

APPLICATIONS

LOCALITY: ........................................... INDICATE BLOCKS APPLIED FOR:

BLOCK IDENTIFIER (All 3 sections must be completed) 1:1,000,000

PLAN NAME

PRIMARY

NUMBER

GRATICULAR SECTION

All a b c d e f g h j k l m n o p q r s t u v w x y z
























TOTAL BLOCKS:


First Schedule


WESTERN AUSTRALIA

Mining Act 1978 FORM 21 — ATTACHMENT 2

Sec. 58, Reg 64

MAP SHOWING BLOCKS APPLIED FOR IN EXPLORATION LICENCE No. ....../......

(i) Indicate 1:1,000,000 Plan Name(s) highlighting sheet (iii) Indicate Graticular Section e.g.

boundaries in the areas marked (+) e.g. Kalgoorlie

(ii) Indicate Primary Number(s) e.g. PRIMARY No. 318 (iv) Outline external boundaries of licence

applied for. 1:1,000,000 PLAN NAME(S)

+ + + + +

+

a b c d e a b c d e a b c d e a b c d e a b c d e

f g h j k f g h j k f g h j k f g h j k f g h j k

l m n o p l m n o p l m n o p l m n o p l m n o p

q r s t u q r s t u q r s t u q r s t u q r s t u

v w x y z v w x y z v w x y z v w x y z v w x y z

+






+






+






+






+ + + + +

1:1,000,000 PLAN NAME(S)

PRIMARY No. PRIMARY No.

PRIMARY No.



PRIMARY No.



PRIMARY No.



PRIMARY No.



PRIMARY No.

1:1

,00

0,0

00

PL

AN

NA

ME

(S)



First Schedule



Mining Act 1978

(Reg. 69)

WITHDRAWAL

(a) Type

(b) Number

(c) Mineral Field

Details of Mining Tenement application

(a) (b)

(c)

(d) Full name and

address of each

applicant

Applicant (d)

THE APPLICANT hereby applies to WITHDRAW the

abovementioned application.


(e) Signature of

applicant


Applicants sign in the presence of Witnesses

here sign here

(e) ................................... (f) ............................................

................................... ............................................

................................... ............................................

................................... ............................................

.................................. ...........................................

LODGING PARTY

(g) Full name and

address (for return of

documents)

(g)

O

F

F

I

C

E

U

S

E

Received at ...............................m.

on ..................................................

.......................................................

(Mining Registrar)


Mining Act 1978

STAMP DUTY


First Schedule


(Regs. 75, 81, 84 & 134)

TRANSFER No.

INTEREST BEING

TRANSFERRED

(a) Type of tenement

(b) Number

(c) Mineral Field

(d) Number of shares

Details of Mining Tenement and Interest

(a) (b)

(c) (d)

TRANSFEROR

(e) Full name and address

(e)

CONSIDERATION

(f) In words — see Note 1

(f)

TRANSFEREE

(g) Full name and address

(g)

(h) Mortgage number and

Mortgagee or “NIL”

(See Note 2)

(h)

THE TRANSFEROR for the consideration expressed HEREBY TRANSFERS TO

THE TRANSFEREE the interest specified in the abovementioned mining tenement,

and the TRANSFEREE accepts the said interest subject to any mortgage shown

hereon and to all the terms and conditions under which it is now held.

*See Note 3 *

DATED this day of 20 .

(i) Signature of transferor

(j) Signature of transferee

(k) Signature of witness

TRANSFERORS sign here

Signed (i)

in the

presence of (k)

Signed (i)

in the

presence of (k)

Signed (i)

in the

presence of (k)

TRANSFEREES sign here

Signed (j)

in the

presence of (k)

Signed (j)

in the

presence of (k)

Signed (j)

in the

presence of (k)

LODGING PARTY

(l) Full name and address

(for return of

documents)

(l)

O

F

F

I

C

Received at ................... a.m./p.m.

on ..................................................

with fee of $ .................................


First Schedule


E

U

S

E

.......................................................

(Mining Registrar)

Notes: 1. Where the stamp duty shown on the transfer is not in respect of the full amount of

the consideration stated then the documents indicating the full stamp duty must

accompany the transfer.

2. If a mortgage is registered with the Department of Industry and Resources and will

continue after the transfer, insert the required details.

If no mortgage, or a mortgage is to be discharged prior to or on the transfer, insert

“nil”.

The consent of the mortgagee to the transfer must be lodged with this form.

3. If section 122A(1)(b) of the Act applies, insert “THE TRANSFEROR and THE

TRANSFEREE acknowledge that this transfer is subject to the interest claimed by

the caveator in caveat no.” and the relevant caveat number.

[Form 23 inserted in Gazette 3 Feb 2006 p. 524-5.]


Mining Act 1978

(Sec. 122A Reg. 76)

CAVEAT No.

(a) Type (b) Number

(c) Mineral Field


(a) (b)

(c)

(d) Specify “the whole” or the number of

shares being

caveated (e) Full name of holder

of shares being

caveated

Interest being caveated

(d)

(e)

(f) Full name and

address of caveator

Caveator

(f)

(g) Specify the grounds

on which the claim is made. (See Note 1)

*See Note 2

THE CAVEATOR claims an interest as specified in the abovementioned mining tenement BY VIRTUE OF

(g)

and whilst this caveat remains in force FORBIDS the registration of any

transfer or other instrument affecting such tenement or interest* and


First Schedule


(h) Address within the State for service of

notices

appoints

(h)

as the place at which notices and proceedings relating to this caveat may

be served



First Schedule


(i) Signature of caveator

(j) Signature of witness

Caveator or agent signs here

Signed (i) …………………………………………………….. as agent (delete if not applicable)

Witness signs here

in the presence of (j) …………………………………………..

(k) Full name and

address (for return of documents)

(k)

O

F

F

I

C

E

U

S

E

Received at ..................... a.m./p.m.

on ....................................................

with fee of $.....................................

.........................................................

(Mining Registrar)

Notes: 1. If the caveat is lodged pursuant to section 122A(2) of the Act the term of the caveat

(if any) must be stated and a copy of the agreement attached.

2. If the caveat is lodged pursuant to section 122A(1)(b) of the Act, insert “unless the

instrument is expressed to be subject to the interest claimed in this caveat”.

[Form 24 inserted in Gazette 3 Feb 2006 p. 525-6.]


Mining Act 1978

(Sec. 122E Reg. 76A)

WITHDRAWAL OF CAVEAT No.(s)

(a) Full name &

Address of

Caveator

Caveator

(a)

(b) Specify caveat(s) to

be withdrawn and

mining tenement(s)

affected

Caveat Number(s) and mining tenement(s) affected

(b)

THE CAVEATOR HEREBY WITHDRAWS the


First Schedule


abovementioned caveat(s) against the interest in the mining

tenement(s) described above


(c) Signature of

caveator

(d) Signature of

witness

Caveator or agent signs here

Signed (c) …………………………………………… as agent (delete if not applicable)

Witness signs here

in the presence of (d) …………………………………

(e) LODGING

PARTY

Full name and

address (for return

of documents)

(e)

O

F

F

I

C

E

U

S

E

Received at ............... a.m./p.m.

on ..............................................

with fee of $...............................

...................................................

(Mining Registrar)

[Form 24A inserted in Gazette 3 Feb 2006 p. 526-7.]


First Schedule



Mining Act 1978

(Reg. 77)

STAMP DUTY

MORTGAGE No.

DETAILS OF TENEMENTS

BEING MORTGAGED.

State Type, Number and Mineral

field

INTEREST BEING

MORTGAGED.

State whether the whole of the

shares in the above tenement or

some lesser interest

ENCUMBRANCES.

Insert details of any encumbrances

registered against the mining

tenement. If none insert ‘NIL’

MORTGAGOR.

Full name and address

MORTGAGEE.

Full name and address

Principal Sum secured (in words)

How and when Principal Sum is to

be repaid

Rate of interest to be paid

How interest is payable

In consideration of the above principal sum owing by the Mortgagor to the

Mortgagee,

THE MORTGAGOR —

FIRSTLY, for the purpose of securing the payment in the manner aforesaid of the

principal sum and interest MORTGAGES to the MORTGAGEE the interest herein

specified in the abovementioned mining tenements subject however to the

encumbrances as shown hereon.

SECONDLY, covenants with the Mortgagee as follows:

1. That the Mortgagor will pay to the Mortgagee the said principal sum in the

manner, and at the times above set forth.

2. That the Mortgagor will in the meantime pay interest on the said principal sum

at the rate, in the manner, and at the times above set forth.

*Here set forth any further

covenants

3. *

**See Note 1 **



First Schedule


(a) Signature of Mortgagor(s)

(b) Signature of witness

MORTGAGOR(S) sign here

Signed (a) ……………………………………………………………..

in the presence of (b) ………………………………………………….

Signed (a) ………………………………………………………………

in the presence of (b) …………………………………………………...

***See Note 2 ***

LODGING PARTY

(c) Full name and address (for

return of documents)

(c)

O

F

F

I

C

E

U

S

E

Received at ....................... .a.m./p.m.

on .......................................................

with fee of $ .......................................

............................................................

(Mining Registrar)

Notes: 1. If section 122A(1)(b) of the Act applies, insert “THE MORTGAGOR AND THE

MORTGAGEE acknowledge that this mortgage is subject to the interest claimed by

the caveator in caveat no.” and the relevant caveat number.

2. If the words set out in Note 1 are inserted in the mortgage the mortgage must also be

signed by the mortgagee(s) and that signature or those signatures duly witnessed.



First Schedule



Mining Act 1978

(Reg. 83)

DISCHARGE OF MORTGAGE No.

(a) Full name and

address of

mortgagee

(a)

(b) Date of Mortgage

(c) Number of Mortgage

(d) State particulars of

mining tenements

the subject of the

mortgage and

interest therein

being the mortgagee mentioned in a mortgage dated

(b)

numbered

(c)

and registered against

(d)

do hereby certify and acknowledge that the whole of the debt or

liability secured by the said mortgage has been fully paid or

discharged.


(e) Signature of

Mortgagee

Signed

(e).....................................................................................................


in the presence of

(f)......................................................................................................


First Schedule


O

F

F

I

C

E

U

S

E

Received at .........................m.

on ............................................

with fee of $.............................

.................................................

(Mining Registrar)


First Schedule



Mining Act 1978

(Reg. 83)

PARTIAL DISCHARGE OF MORTGAGE No.

(a) Full name and Address of

Mortgagee

Mortgagee

(a)

(b) Date of Mortgage

(c) Number of Mortgage

Mortgage details

(b)

(c)

(d) Specify mining

tenement(s) and state

either “the whole” or

number of share mortgage

is discharged from (See

Note 1)

Details of mining tenement(s) and shares against which Mortgage discharged

(d)

(e) Full name of holder(s) of

shares mortgage is

discharged against

(e)

THE MORTGAGEE HEREBY DISCHARGES the interest in the mining

tenement(s) described above from the abovementioned Mortgage without releasing

the mortgagor from any liability under that Mortgage


(f) Signature and/or company

seal of (a) the above

(g) Signature(s) of

independent witness

SIGNATURE(S)

(f) ................................................

................................................

................................................

................................................

COMPANY

SEAL

_______________

WITNESS(ES) TO SIGNATURE(S)

(g) .............................................................

.............................................................

.............................................................

..........................................................

LODGING PARTY

(h) Full name and address (for

return of documents)

(h)


First Schedule


O

F

F

I

C

E

U

S

E

Received at ..............................m.

on .................................................

with fee of $..................................

......................................................

(Mining Registrar)

NOTE 1: If Mortgage is to be totally discharged use Form 26.


First Schedule


Fo

rm 2

7

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ST

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. 85

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)


First Schedule



Mining Act 1978

[Reg. 85A(2)]

QUARTERLY GOLD PRODUCTION REPORT

(Please Note! Separate report required for each gold royalty project. Complete and furnish to

Director General of Mines within 30 days of expiry of relevant quarter.)

Report for ..........................................................................................

(insert relevant quarter, eg. March quarter, and year)

Mining Tenement(s) No(s) .................................................................................

Holder .................................................................................................................

Mineral Field ......................................................................................................

District .......................................................... Project .........................................

MATERIAL TREATED Tonnes

Ore

Sands

Slimes

Tailings

Concentrates

Other

METAL PRODUCED* Ounces

Gold Metal

Silver Metal

(By-product)

(* Include metal that is to be regarded because of regulation 86AA as having been produced.)

I certify that the information supplied in this report is a true statement of all production for the

period stated.

Dated ....................................................................

Signed ...................................................................

(Holder/Applicant)


First Schedule



Mining Act 1978

(Reg. 102)

DEVOLUTION No.

(a) Type

(b) Number (c) Mineral Field

(d) Number of shares

Details of Mining Tenement application (or application therefor) and interest

(a) (b)

(c) (d)

(e) Document from which

title derived

(e)

(f) Full name and address

of executor or

administrator

(f)

*Copy of document to be

attached

hereby applies to be registered as the holder of the above mentioned

interest and *attached hereto is a copy of the document referred to in (e)

above


(g) Signature of executor

or administrator

(g) ...............................................................................................................

LODGING PARTY

(h) Full name and address (for return of

documents)

(h)

O

F

F I

C

E

U

S E

Received at ........................................m.

on ...........................................................

with fee of $............................................

................................................................ (Mining Registrar)



First Schedule



Mining Act 1978

(Reg. 105)

APPLICATION FOR COPY

DOCUMENT No.

(a) Full name

(b) Address

I, (a)

of (b)

declare pursuant to section 106 of the Evidence Act 1906 that the

document specified cannot be produced for the reasons indicated, and I

request that a copy document be issued in lieu

(c) Description of

document

Details of Document

(c)

(d) State whether

document

lost/destroyed, etc. as the case may be and the

circumstances

Reason for non-production

(d)

(e) Signature of declarant Signed (e)......................................................................................................

DECLARED before me at............................................................................

this ..................................... day of .......................................... 20 ...............


See Note 1.

(f)

O

F F

I

C E

U

S

E

Received at .....................................m.

on ........................................................

with fee of $.........................................

.............................................................

(Mining Registrar)

NOTE 1: This declaration may be made before a Commissioner of Declarations, Justice of the Peace, Mining Registrar or other authorised person.


First Schedule



Mining Act 1978

(Reg. 84E)

APPLICATION TO AMEND No.

(a) Type

(b) Number

(c) Mineral Field

Details of Mining Tenement application therefor

(a) (b)

(c)

(d) Full name and

address

Holder/Applicant

(d)

The abovementioned HOLDER/APPLICANT hereby applies to

amend the register at the Department of Mines4

FROM

(e) Present particulars

shown in register

(e)

TO

(f) Amended particulars (f)

(g) Signature of

holder/applicant


(g) ..................................................................................................

O

F

F

I

C

E

U

S

E

Received at ..............................m.

on .................................................

......................................................

(Mining Registrar)


First Schedule




First Schedule



Mining Act 1978

(Reg. 108)

POWER OF ATTORNEY No.

(a) Full name and

address of donor

I, (a)

(b) Full name and

address of donee

DO HEREBY APPOINT

(b)

(hereinafter referred to as the donee) as my attorney to apply for

and acquire on my behalf any mining tenement under the Mining

Act 1978 and to sell all or any mining tenements, mortgages or

charges whether now belonging to me or which shall hereafter

belong to me under or by virtue of the said Act. Also to mortgage

or sublet all or any such mining tenements for any sum at any rate

of interest or rental. Also to withdraw or surrender any mining

tenement in which I am or may be interested. Also to exercise and

execute all powers which now are or shall hereafter be vested in

or conferred upon me as a sub-lessor or mortgagee of mining

tenements under the said Act.

*or otherwise according to

the nature and extent of

the powers intended to be

conferred

*

And for me and in my name to sign all such applications, notices,

transfers, mortgages, sub-leases, and other instruments, and do all

such acts matters and things as may be necessary or expedient for

carrying out the powers hereby given, and for recovering all sums

of money that are now or may become due or owing to me, and

for enforcing or varying any contract, covenant, or condition

binding upon any lessee, tenant, or occupier or upon any other

person in respect of the said lands and for recovering and

maintaining possession of the said lands, and for protecting them

from waste, damage, or trespass.

And I agree that all and whatsoever the said donee shall lawfully

do under this power I will at all times ratify and confirm.


First Schedule


The words “mining tenement” herein include any share or interest

in a mining tenement, or application therefor.


(c) Signature of donor: Signed (c)........................................

in the presence of

(d) Signature of witness: Signed (d)........................................

(e) Signature of donee: Signed (e)........................................

O

F

F

I

C

E

U

S

E


First Schedule



Mining Act 1978

(Sec. 126 Reg. 112)

SECURITY

By this security the subscriber is for himself, his executors and

administrators or in the case of a subscriber being a corporation

for its successors and assigns pursuant to the Mining Act 1978

bound to the Minister in the State of Western Australia in the sum

of

(a) Amount of security

(a)

subject only to this condition that, if

(b) Full name and

residential or

business address (see

Note 1) of applicant

or holder

(b)

shall comply with the conditions to which

(c) Insert details of type

number and Mineral

Field for the mining

tenement or

application therefor

(c)

is, or will from time to time be subject, and with the provisions of

the Mining Act 1978 and regulations thereunder then this security

shall be thereby discharged.

DATED at this day of 20

(d) Signature of

applicant/holder

(e) Signature of witness

Applicant or in the presence of Witness signs here

Holder

signs here

(d) (e)


First Schedule


O

F

F

I

C

E

U

S

E

Received at ...............................m. on

the ................... day of ......................

20 ....................

...........................................................

(Mining Registrar)

Note 1: A Post Office Box address is not an acceptable residential or business

address. A Post Office Box address may be included in addition to the

residential or business address.


First Schedule



Mining Act 1978

(Regs. 48 & 121)

PLAINT No.

In the Warden’s Court at

(a) Name and address of

Plaintiff

Plaintiff

(a)

V

(b) Name and address of

defendant

Defendant

(b)

(c) Nature of the claim

The Plaintiff claims that —

(c)

and asks —

(d) Nature of relief

sought

(d)

(e) Signature of Plaintiff


(e).....................................................................................................

Fees Paid $ c

Received at ....................................................m. Plaint (inc.

O

F

F

I

C

E

U

S

E

on ......................../ ......................./ ....................

with fees as stated.

..............................................................................

(Mining Registrar)

Summons and

Subpoena)

Service

Affidavit

Kilometrage

SEAL

OF

COURT

Copies

Attendance

Total


First Schedule



Mining Act 1978

(Reg. 123)

SUMMONS


Plaint

No. ........... / ..........

(a) Full name and

address of Defendant

TO:

(a)

YOU are hereby summoned to appear before the Warden’s Court

(b) Place of hearing

(b)

(c) Time and date of

hearing

at (c) .m. on the day of 20

to answer the claim of the plaintiff

(d) Full name of

Plaintiff

(d)

as follows —

(e) Nature of claim as

stated in Plaint

(e)

(f) Nature of relief

sought

(f)

You may apply for the issue of a subpoena compelling the

attendance of any witnesses, and production of any books, plans,

documents, etc.

If you intend to dispute the plaintiff ‘s claim you must file a notice

of defence in accordance with regulation 126

DATED at

this day of 20 .

SEAL

OF

COURT

.......................................................Mining Registrar

............................................................Mineral Field

ENDORSEMENT

This is the paper writing marked “A” referred to in the annexed

affidavit of

sworn before me at , this

day of 20 .

.........................................................


First Schedule



Mining Act 1978

(Reg. 124)

AFFIDAVIT OF SERVICE


Plaint

No........ / ..........

(a) Full name and

address

Plaintiff

(a)

V

(b) Full name and

address

Defendant

(b)

(c) Full name and

address

(c) I,

make oath and say that I did on the day of

20 , duly serve a copy of the summons (which is marked “A”

and annexed hereto) as follows —

Full name of person on

whom service effected :

Manner of service :

Address where service

effected :

Sworn before me at

this day of 20 .

..........................................................................................................

(Commissioner for taking affidavits in the Supreme

Court/Warden/Mining Registrar/Justice of the Peace).


First Schedule



Mining Act 1978

(Reg. 126)

NOTICE OF DEFENCE


Plaint

No......../.........

(a) Full name and

address

Plaintiff (a)

V

(b) Full name and

address

Defendant (b)

(c) Grounds of defence

TAKE NOTICE that I intend to defend the plaintiff’s claim in

this action on the following grounds —

(c)

+Delete if not applicable

(see Note 1)

(d) Signature of

defendant

+and the defendant claims

_______________

DATED at this day of 20 .

(d) ....................................................................................................

O

F

F

I

C

E

U

S

E

Received at ...............................m.

on ..................................................

with fee of $..................................

.......................................................

(Mining Registrar)

NOTE 1: If the defendant claims a set off or asks for cross relief, particulars of the relief sought

should be stated.


First Schedule



Mining Act 1978

(Reg. 127)

SUBPOENA FOR WITNESS


Plaint

No............. / .....

(a) Full name and

address

Plaintiff (a)

V

(b) Full name and

address

Defendant (b)

(c) Place of hearing

(d) Time and date of

hearing

(e) Plaintiff/

Defendant

(f) State the particular

things required to be

produced

TO:

You are hereby required to attend before this Court at

(c) at

(d) .m on the day of 20 .

and at every adjournment thereof to give evidence on behalf of

(e)

and to produce to the Court

(f)

If you neglect to comply with this summons you will be liable to

a fine not exceeding $100 or to arrest.

Dated at this

day of 20 .

Conduct Money $_______

....................................................... Mining Register

........................................................... Mineral Field

SEAL

OF

WARDEN’S

COURT

Received $ Conduct money

...............................................................

Signature

ENDORSEMENT This is the paper writing marked “A” referred to in the annexed

affidavit of

sworn before me at

this day of 20 .

...............................................................


First Schedule



Mining Act 1978

(Reg. 129)

JUDGMENT/ORDER OF WARDEN’S COURT


Plaint

No........ / ..........

(a) Full name and

address

Plaintiff (a)

V

(b) Full name and

address

Defendant (b)

(c) Insert decision

(d) Set forth the order in

full

THE Court adjudges that —

(c)

AND the Court orders —

(d)

DATED at

this day of 20 .

SEAL

OF

WARDEN’S

COURT

.......................................................Warden/Mining Registrar


First Schedule



Mining Act 1978

(Reg. 130)

WARRANT OF EXECUTION In the Warden’s Court at

Plaint

No.......... / ............

(a) Full name and

address

Plaintiff (a)

V

(b) Full name and

address

Defendant (b)

*Delete whichever not

applicable

†Defendant or Plaintiff

TO: The Bailiff

WHEREAS on the DAY of 20

* the plaintiff obtained a judgment of this Court against the

defendant for debt (or damages) and costs in the sum of

or

*it was ordered by the Court that judgment should be entered for

the defendant, or that judgment of nonsuit should be entered and

the costs be paid by the plaintiff to the defendant in the

sum of and whereas default has been made in the

payment thereof.

These are, therefore, to require and order you FORTHWITH TO

LEVY BY DISTRESS AND SALE OF THE GOODS against

any property of the † wheresoever it may be

found, the sum of in addition to the costs of this

execution, and also to seize and take any money, or bank notes or

securities for money of the † or such part or so

much thereof as may be sufficient to satisfy this execution and the

costs of making and executing the same and forthwith to return

the same to me, to be paid over to the † together

with this warrant.

DATED at this day of 20

By the Court

.......................................................Mining Registrar

............................................................Mineral Field

SEAL

OF THE

COURT


First Schedule


Judgment $

Costs $

Execution $

Other $

Total amount to be levied $

Application was made for this warrant at ...................... m.

on .........................................................

Returned this Warrant to the above Warden’s Court on the

day of 20

with the sum of in satisfaction thereof.

................................................................. BAILIFF


First Schedule



Mining Act 1978

(Sec. 141 Reg. 131)

WARRANT FOR RECOVERY OF POSSESSION


Plaint

No........ / .......

(a) Full name and

address

Plaintiff (a)

V

(b) Full name and

address

Defendant (b)

(c) Here state terms of

order

TO: The Bailiff

WHEREAS on the DAY of 20

an order was made in the above Court that the defendant deliver

up possession of

(c)

to the plaintiff

and whereas the said defendant has refused or neglected so to do.

These are therefore to require and order you FORTHWITH TO

eject the said defendant from the aforementioned land and/or

mining tenement and to seize and take chattels or minerals

specified above and deliver the same into your possession.

By the Court

.........................................Warden/Mining Registrar

.......................................................... Mineral Field

SEAL

OF THE

COURT


First Schedule



Mining Act 1978

(Reg. 132)

NOTICE OF SEIZURE

In the Court at

Plaint No. Warrant No.

Between

Plaintiff

and

Defendant

TO: The MINING REGISTRAR, at

TAKE NOTICE that under and by virtue of

, dated the day of

20 , issued out of the Court

at (copy attached)

I have this day seized all the right,

title and interest (if any) in and to the shares specified in the

undermentioned mining tenement —

(a) Type

(b) Number

(c) Mineral Field

(d) Number of Shares


(a) (b)

(c)

(d)

You will therefore communicate with me before registering any

transfer, or other dealing with the shares specified while this

seizure remains in force.

DATED at

this day of 20

........................................................................ Bailiff


First Schedule


O

F

F

I

C

E

U

S

E

Received at ..........................................m.

on ............................................................

with fee of $ ............................................

..................................................................

(Mining Registrar)


First Schedule



Mining Act 1978

(Sec. 147 Reg. 135)

NOTICE OF APPEAL UNDER SECTION 147

(a) Full Name and

address of appellant

Appellant

(a)

V

(b) Full name and

address of

respondent

Respondent

(b)

To the Warden

....................................................................................Mineral Field

and

to the Respondent

Notice is given of an appeal against the final judgment/

determination/decision of the Warden’s Court at

on the day of , 20

in respect to —

on the grounds that —

The sum of $150.00 is deposited as security for or towards the

costs of this appeal.

Signed .............................................................................................

Signature of Appellant or his Solicitor

O

F

F

I

C

E

U

S

E

Received at ...........................................m.

on ..............................................................

with the sum of $150.00

Receipt No. ...............................................

...................................................................

(Mining Registrar)


First Schedule



Mining Act 1978

(Reg. 136)

INJUNCTION No.

UPON the application of

and whereas sufficient notice has been given to the parties

interested and after hearing the evidence, I HEREBY ORDER

THAT:

and his servants, workmen and agents, be restrained from —

* Terms of

injunction

granted

until the day of 20


Seal

of the

Warden’s

Court

............................................................Warden

................................................ Mineral Field

_______________


First Schedule


WESTERN AUSTRALIA

Form 44 MINING ACT 1978

Regulation 120E

REPORT OF APPROVED SURVEYOR

(To be lodged for each tenement surveyed)

TENEMENT

TYPE

TENEMENT

NUMBER HOLDER/APPLICANT

DATE OF

MARKING

FIELD BOOK

NUMBER

YES NO*

1. I have surveyed the tenement boundaries in accordance with the

regulations.

2. The boundaries surveyed are in accordance with the

Holder’s/Applicant’s/Agent’s markings.

3. The Holder/Applicant/Agent attended the site and is satisfied with

the positions of the surveyed boundaries.

4. The adjoining tenement Holder(s)/ Applicant(s)/Agent(s) attended

the site and is (are) satisfied with the position of the surveyed

boundaries.

5. Adjoining land tenures have been located as instructed.

6. Positions of any buildings, workings, shafts, roads and other

significant features, where practical, have been located.

*For any “NO” response above, a written report is required.

............................................................. APPROVED SURVEYOR.

NOTE: Any additional information relating to the conduct of this survey should be presented in a

written report.

............./............/20..........


First Schedule


[First Schedule amended in Gazette 12 Nov 1982 p. 4491 (erratum in

Gazette 19 Nov 1982 p. 4578); 30 May 1986 p. 1841; 20 Jun 1986

p. 2084; 2 Oct 1987 p. 3821-36 (erratum in Gazette 6 Nov 1987

p. 4110); 20 May 1988 p. 1707; 31 May 1991 p. 2700-7; 5 Jul 1991

p. 3359; 31 Jul 1992 p. 3777-80; 24 Dec 1993 p. 6829-30;

24 Jun 1994 p. 2939-42; 13 Oct 1995 p. 4823; 4 Apr 1997 p. 1780-1;

3 Oct 1997 p. 5533-5; 11 Jun 1999 p. 2546-52; 2 Feb 2001

p. 710-11; 13 Dec 2002 p. 5805-6; 17 Jan 2003 p. 107-9 and 114;

3 Feb 2006 p. 524-8 and 602-3.]


Second Schedule


Second Schedule

Schedule of fees and rents $

1. Annual Rent of —

Existing exploration licence per square kilometre or

part thereof —

(a) for years 1 to 7 of the term of the licence ..........

(b) for year 8, and each subsequent year, of the

term of the licence .............................

38.72

131.12

Graticular exploration licence —

(a) one block licence applied for after 1 July 1999 .

(b) all other licences, per block —

(i) for years 1 to 3 of the term of the

licence ...................................................

(ii) for years 4 and 5 of the term of the

licence ……………………..................

(iii) for years 6 and 7 of the term of the

licence ...................................................

(iv) for year 8, and each subsequent year,

of the term of the licence ......................

244.31

101.42

157.74

214.06

405.46

General purpose lease per hectare or part thereof .......... 11.88

Lease granted under the Mining Act 1904 6, either

pursuant to or continued in force by virtue of an

agreement scheduled to, incorporated in, or appearing

in an Act or a variation of such an agreement, per

hectare or part thereof .....................................................

13.42

Mining lease per hectare or part thereof ......................... 13.42

Miscellaneous licence per hectare or part thereof —

(a) for the purpose referred to in regulation 42B(ia)

0.33

(b) for any other purpose ......................................... 11.88

Prospecting licence per hectare or part thereof

(minimum $18.70) ..........................................................

1.87

Retention licence per hectare or part thereof .................. 5.83

2. Application fee for —

Exploration Licence —

(a) one block ............................................................ 220.00

(b) more than one block ........................................... 950.00

General Purpose Lease .................................................... 320.00

Mining Lease ................................................................... 320.00

Miscellaneous Licence .................................................... 320.00

Permit under section 20A ............................................... Reg. 4D(2) 25.00

Prospecting Licence ........................................................ 215.00

Retention Licence ............................................................ 540.00

2A. Application fee for approval of retention status ............. 205.00

2B. Copy of all or part of document or report (per copy) ..... Reg. 25B 6.50

3. Copy of —

Entry in the register (per tenement) …............................ Reg. 84D 6.50

Dealing or other instrument (per tenement) .................... Reg. 84D 6.50


Second Schedule


$

3A. Certification of a document ............................................. Reg. 109 5.40

4. Exemption from expenditure conditions —

(a) one year exemption for —

(i) prospecting licence ................................ Reg. 54 270.00

(ii) exploration licence ................................ Reg. 54 310.00

(iii) mining lease .......................................... Reg. 54 370.00

(b) 5 year exemption for mining lease .................... Reg. 54 1 850.00

5. Issue of —

Duplicate instrument of lease ......................................... Sec. 83 27.00

Miner’s Right .................................................................. Sec. 20 25.00

[6. deleted]

7. Partial Surrender of a Mining Tenement ........................ Reg. 45 82.00

8. Permit to Enter Private Land —

application for (per Lot or Location affected —

Minimum $21.50) ..........................................................

Reg. 5

5.40

9. Private Land — application to bring under the Act ....... Reg. 8 17.00

10. Registration or recording of instruments (per tenement

affected where applicable) —

Application for copy document ...................................... Reg. 105 82.00

Caveat .............................................................................. Reg. 76 82.00

Devolution ....................................................................... Reg. 102 82.00

Discharge/Withdrawal of any encumbrance .................. Regs. 76A, 83 5.40

Injunction ......................................................................... Reg. 109 82.00

Judgment/Order of Court ................................................ Reg. 109 82.00

Mortgage .......................................................................... Reg. 77 82.00

Power of Attorney — each .............................................. Reg. 108 82.00

Seizure — Notice of ........................................................ Reg. 132 82.00

Transfer —

Mining Tenement ............................................... Reg. 75 82.00

Mortgage ............................................................ Reg. 84 82.00

11. Restoration of Mining Tenement .................................... Reg. 51 165.00

11A. Copy of front page of Form 5, together with either

Attachment 1 — “Summary of Mineral

Exploration/Mining Activities” or Attachment 2 —

“Summary of Prospecting and/or Small Scale Mining

Activities”, as the case may be .......................................

Reg. 96(3)

6.50

[12. deleted]

13. Warden’s Court Fees —

(i) For entering a plaint, excluding service fee, but

including the issue of summons for each

defendant and all necessary witness subpoenas

47.50

(ii) Defence, including notice of defence and all

necessary witness subpoenas .............................

30.00

(iii) All necessary applications and affidavits .......... 5.00

(iv) Order made by warden including an order for

an injunction .......................................................

10.00

(v) Issue or renewal of a warrant of execution ........ 30.00

(vi) Copy of —

(a) evidence — per page ............................ 6.50


Second Schedule


$

(b) a judgment, decision or order — per

page ........................................................

1.00

(vii) Taxation of bill of costs ..................................... $0.05 in

each

amount of

$1.00 on

amount of

filed bill

(minimum

fee

$10.00) —

provided

that where

the filed

bill exceeds

$1 000 the

fee is

reduced to

$0.025 in

each $1.00

for the

excess, plus

$50.00

[Second Schedule inserted in Gazette 20 Jun 1986 p. 2084-6;

amended in Gazette 26 Jun 1987 p. 2527-8; 2 Oct 1987 p. 3836-7;

3 Mar 1989 p. 688-9; 21 Jul 1989 p. 2249-50; 20 Apr 1990 p. 2000;

22 Jun 1990 p. 3073-5; 31 May 1991 p. 2707; 5 Jul 1991 p. 3357-8;

8 Nov 1991 p. 5741-2; 31 Jul 1992 p. 3780; 30 Jul 1993 p. 4157;

19 Nov 1993 p. 6274-5; 24 Dec 1993 p. 6830; 10 Jun 1994 p. 2411;

24 Jun 1994 p. 2943; 30 Jun 1995 p. 2660; 19 Apr 1996 p. 1573;

4 Apr 1997 p. 1781; 12 Jun 1998 p. 3184; 11 Jun 1999 p. 2552;

21 Jan 2000 p. 345; 16 Jun 2000 p. 2951-2; 2 Feb 2001 p. 711 and

714; 3 Aug 2001 p. 3971; 28 Jun 2002 p. 3088-9; 17 Jan 2003 p. 109;

20 Jun 2003 p. 2241-3; 25 Jun 2004 p. 2244-5; 24 Jun 2005 p. 2769-

71; 3 Feb 2006 p. 528 and 603-4.]


Transitional provisions relating to Geocentric Datum of Australia

Third Schedule


Third Schedule — Transitional provisions relating to

Geocentric Datum of Australia

[r. 89A]

[Heading inserted in Gazette 15 Dec 2000 p. 7220.]

1. Interpretation

(1) In this Schedule —

“Australian Geodetic Datum” means the datum described in

clause 2;

“block” means a block as described in section 56C;

“commencement day” means the day on which section 5 of the Acts

Amendment (Australian Datum) Act 2000 comes into operation;

“existing exploration licence” means an exploration licence referred

to in clause 3(1) or (3);

“number”, in relation to a block, has the same meaning as it has in

section 56C(4);

“prescribed land” means all of an area of land that, as a result of the

operation of section 9B in relation to the Geocentric Datum of

Australia referred to in regulation 89A —

(a) immediately before the commencement day, was on the

western and southern boundaries, but not within, a block

or blocks; and

(b) on the commencement day, is in the block or blocks

identified by reference to the same number or numbers by

reference to which the block or blocks referred to in

paragraph (a) was or were identified.

(2) The note and diagram after clause 8 are provided to assist

understanding and do not form part of this Schedule.

[Clause 1 inserted in Gazette 15 Dec 2000 p. 7220-1.]

2. Australian Geodetic Datum

(1) For the purposes of this Schedule, the Australian Geodetic Datum is

defined by an ellipsoid having a semi-major axis (equatorial radius) of

6 378 160 m and a flattening of 1/298.25 and fixed by the position of


Third Schedule Transitional provisions relating to Geocentric Datum of Australia


the origin being the Johnston Geodetic Station in the Northern

Territory of Australia.

(2) The Johnston Geodetic Station is taken to be situated at —

(a) 25° 56′ 54.5515″ south latitude and 133° 12′ 30.0771″ east

longitude; or

(b) where decimal reckoning is used, 25° 56.90919′ south

latitude and 133° 12.50129′ east longitude,

and to have a ground level elevation of 571.2 m above the ellipsoid

referred to in subclause (1).

[Clause 2 inserted in Gazette 15 Dec 2000 p. 7221.]

3. Exploration licences

(1) For the purposes of the Act or these regulations, the position on the

surface of the Earth of the land that is the subject of an exploration

licence in force before the commencement day is to be determined by

reference to the Australian Geodetic Datum.


surface of the Earth of the land that is the subject of an application for

an exploration licence lodged before the commencement day and

pending immediately before that day is to be determined by reference

to the Australian Geodetic Datum.


surface of the Earth of the land that is the subject of an exploration

licence granted on or after the commencement day in respect of an

application referred to in subclause (2) is to be determined by

reference to the Australian Geodetic Datum.


4. Land surrendered or forfeited etc.

(1) If after the commencement day —

(a) land becomes available from an existing exploration licence;

and

(b) any portion of that land is in a block in respect of which an

exploration licence has been granted in respect of an

application lodged on or after the commencement day,



Third Schedule


the exploration licence referred to in paragraph (b) is to be amended,

by force of this subclause, to include the land that has become

available from the existing exploration licence.

(2) If after the commencement day —

(a) land becomes available from an existing exploration licence;

and

(b) any portion of that land is in a block in respect of which an

application for an exploration licence is lodged on or after the

commencement day,

the application referred to in paragraph (b) is taken to extend to the

land that has become available from the existing exploration licence

and, if an exploration licence is granted in respect of that application,

that land is to be included in the exploration licence.

(3) Subclauses (1) and (2) do not apply if —

(a) the land that becomes available from an existing exploration

licence has been included in an application under section 67

or 70B; and

(b) a mining lease, general purpose lease or retention licence has

been granted in respect of the application.

(3a) Subclauses (1) and (2) do not apply if —

(a) the land that becomes available from an existing exploration

licence has been included in a reversion licence application;

and

(b) a prospecting licence has been granted in respect of the

reversion licence application.

(4) Subclause (2) does not apply if the land that becomes available from

an existing exploration licence is in a block identified by reference to

the same number as a block in respect of which an application

referred to in subclause (2)(b) has been lodged.

(5) A reference in this clause to land becoming available from an existing

exploration licence is a reference to the land that is the subject of the

licence being surrendered under section 65 or to the surrender,

forfeiture (otherwise than under section 98) or expiry of the licence.




[Clause 4 inserted in Gazette 15 Dec 2000 p. 7221-2; amended in

Gazette 3 Feb 2006 p. 604.]

5. Land exempted under section 19

For the purposes of the Act or these regulations, the position on the

surface of the Earth of land that is the subject of an exemption given

by an instrument in force under section 19 and made before the

commencement day is to be determined by reference to the Australian

Geodetic Datum.


6. Areas declared under section 57(4), and savings


surface of the Earth of land that is the subject of a declaration in force

under section 57(4) and made before the commencement day is to be

determined by reference to the Geocentric Datum of Australia.

(2) Subclause (1) does not affect the validity of —

(a) an existing exploration licence; or

(b) an application for an exploration licence lodged before the

commencement day and pending immediately before that

day.


7. Certain prospecting licences and mining leases may be

amalgamated with existing exploration licences

(1) If a person is the holder of both an existing exploration licence and

another tenement, the person or an agent of the person may, without

marking out the land, apply in writing to the Minister in the manner

prescribed for the purposes of section 67A(1) for the other tenement,

or part of the other tenement, to be amalgamated with the exploration

licence.

(2) Another tenement, or part of another tenement, cannot be

amalgamated with an exploration licence under this clause unless the

land that is the subject of the other tenement, or of that part of the

other tenement, is —



Third Schedule


(a) wholly within the same block or same blocks within which

the land that is the subject of the exploration licence is

situated; and

(b) contiguous with the land referred to in paragraph (a).

(3) Subject to subclause (2), section 67A(4) and (5) apply to an

application under subclause (1) as if —

(a) the application had been made under section 67A(1); and

(b) a reference in section 67A(4) or (5) to “secondary tenement”

were a reference to, as the case requires, the “other tenement”

or “part of the other tenement” mentioned in subclause (1).

(4) This clause does not affect the operation of section 67A.

(5) In this clause —

“another tenement” or “other tenement” means a prospecting

licence or mining lease applied for and granted after the

commencement day in respect of prescribed land.


8. Prescribed land does not need to be marked out

Despite section 105, if an application for a prospecting licence or

mining lease is made on or after the commencement day in respect of

prescribed land only, that land does not need to have been marked out.

Note: The following diagram shows an example of prescribed land referred to in this Schedule.




[Clause 8 inserted in Gazette 15 Dec 2000 p. 7223-4.]



Notes 1 This is a compilation of the Mining Regulations 1981 and includes the

amendments made by the other written laws referred to in the following table.

The table also contains information about any reprint.

Compilation table

Citation Gazettal Commencement

Mining Regulations 1981 13 Nov 1981

p. 4601-76

1 Jan 1982 (see r. 1(2) and

Gazette 11 Dec 1981 p. 5085)

Mining Amendment Regulations 1982 6 Aug 1982

p. 3099

6 Aug 1982

Mining Amendment Regulations

(No. 2) 1982

12 Nov 1982

p. 4490-1

(erratum

19 Nov 1982

p. 4578)

10 Dec 1982 (see r. 2)

Mining Amendment Regulations 1983 23 Dec 1983

p. 5001-2

1 Jan 1984 (see r. 2 and Gazette

2982 p. 4934)

Mining Amendment Regulations 1984 16 Mar 1984

p. 725

16 Mar 1984


(No. 2) 1984

15 Jun 1984

p. 1655-7

1 Jul 1984 (see r. 2)

Mining Amendment Regulations 1986 30 May 1986

p. 1839-41

30 May 1986


(No. 2) 1986

20 Jun 1986

p. 2083-6

1 Jul 1986 (see r. 2)

Mining Amendment Regulations 1987 26 Jun 1987

p. 2526-8

1 Jul 1987 (see r. 2)


(No. 3) 1987

7 Aug 1987

p. 3134

7 Aug 1987


(No. 5) 1987

21 Aug 1987

p. 3268

21 Aug 1987


(No. 2) 1987

2 Oct 1987

p. 3811-37

(erratum

6 Nov 1987

p. 4110)

16 Oct 1987 (see r. 2 and Gazette

16 Oct 1987 p. 3884)


(No. 6) 1987

6 Nov 1987

p. 4110

6 Nov 1987

Mining Amendment Regulations 1988 5 Feb 1988 5 Feb 1988




p. 312


(No. 2) 1988

8 Apr 1988

p. 1165

8 Apr 1988


(No. 3) 1988

20 May 1988

p. 1705-7

20 May 1988


(No. 5) 1988

15 Jul 1988

p. 2474

15 Jul 1988


(No. 4) 1988

22 Jul 1988

p. 2526-8

1 Aug 1988 (see r. 2)

Reprint of the Mining Regulations 1981 as at 11 Aug 1988 (see Gazette 24 Aug 1988

p. 3147-242) (includes amendments listed above)

Mining Amendment Regulations 1989 3 Mar 1989

p. 688-9

3 Mar 1989


(No. 2) 1989

30 Jun 1989

p. 2001

1 Jul 1989 (see r. 2)


(No. 3) 1989

21 Jul 1989

p. 2249-50

1 Aug 1989 (see r. 2)


(No. 5) 1989

22 Dec 1989

p. 4655

1 Jan 1990 (see r. 2)

Mining Amendment Regulations 1990 20 Apr 1990

p. 2000

1 May 1990 (see r. 2)


(No. 2) 1990

22 Jun 1990

p. 3073-5

1 Jul 1990 (see r. 2)


(No. 3) 1990

22 Jun 1990

p. 3073

1 Jul 1990 (see r. 2)


(No. 4) 1990

16 Nov 1990

p. 5727-9

16 Nov 1990


(No. 2) 1991

24 May 1991

p. 2593-4

24 May 1991

Mining Amendment Regulations 1991 31 May 1991

p. 2695-707

(corrigenda

7 Jun 1991

p. 2836 and

21 Jun 1991

p. 3057)

1 Jul 1991 (see r. 2 and Gazette

28 Jun 1991 p. 3101)


(No. 3) 1991

21 Jun 1991

p. 3055-7

1 Jul 1991 (see r. 3)





(No. 5) 1991

5 Jul 1991

p. 3357-8

5 Jul 1991


(No. 4) 1991

5 Jul 1991

p. 3358-9

5 Jul 1991


(No. 6) 1991

8 Nov 1991

p. 5741-2

8 Nov 1991


(No. 2) 1992

3 Jul 1992

p. 2973

3 Jul 1992

Mining Amendment Regulations 1992 31 Jul 1992

p. 3775-80

31 Jul 1992


(No. 4) 1992

18 Dec 1992

p. 6127

18 Dec 1992

Mining Amendment Regulations 1993 2 Jul 1993

p. 3270-2

2 Jul 1993


(No. 2) 1993

30 Jul 1993

p. 4157

30 Jul 1993 (see r. 2)


(No. 3) 1993

19 Nov 1993

p. 6274-5

19 Nov 1993


(No. 4) 1993

26 Nov 1993

p. 6368

26 Nov 1993


(No. 5) 1993

24 Dec 1993

p. 6828-30

24 Dec 1993


(No. 6) 1993

24 Dec 1993

p. 6830-1

24 Dec 1993


(No. 2) 1994

10 Jun 1994

p. 2411

1 Jul 1994 (see r. 2)


p. 2927-43

1 Jul 1994 (see r. 2 and Gazette

24 Jun 1994 p. 2819)


(No. 3) 1994

9 Sep 1994

p. 4643

9 Sep 1994


(No. 4) 1994

23 Dec 1994

p. 7114

1 Jan 1995 (see r. 2)


(No. 2) 1995

19 May 1995

p. 1881-2

19 May 1995


(No. 3) 1995

30 Jun 1995

p. 2660

30 Jun 1995

Mining Amendment Regulations 1995 13 Oct 1995

p. 4813-23

13 Oct 1995 (see r. 2 and Gazette

13 Oct 1995 p. 4797)





(No. 4) 1995

15 Dec 1995

p. 6114-15

15 Dec 1995

Reprint of the Mining Regulations 1981 as at 18 Mar 1996 (includes amendments listed

above)


(No. 2) 1996

19 Apr 1996

p. 1753

19 Apr 1996

Mining Amendment Regulations 1996 13 Sep 1996

p. 4598

13 Sep 1996

Mining Amendment Regulations 1997 4 Apr 1997

p. 1777-81

4 Apr 1997


(No. 4) 1997

3 Oct 1997

p. 5530-5

3 Oct 1997


(No. 2) 1998

17 Mar 1998

p. 1434-5

17 Mar 1998


(No. 3) 1998

24 Apr 1998

p. 2153

24 Apr 1988


p. 3184

1 Jul 1998 (see r. 2)


p. 2543-52

1 Jul 1999 (see r. 2)


(No. 2) 1999

18 Jun 1999

p. 2641-3

18 Jun 1999


(No. 4) 1999

19 Nov 1999

p. 5791-2

19 Nov 1999


(No. 3) 1999

21 Jan 2000

p. 344-5

21 Jan 2000

Mining Amendment Regulations 2000 8 Feb 2000

p. 453-4

8 Feb 2000


(No. 3) 2000

14 Apr 2000

p. 1891-2

14 Apr 2000


(No. 2) 2000

16 Jun 2000

p. 2951-2

1 Jul 2000 (see r. 2)


(No. 4) 2000

16 Jun 2000

p. 2952-7

1 Jul 2000 (see r. 2)


(No. 5) 2000

30 Jun 2000

p. 3473-4

1 Jul 2000 (see r. 2)

Reprint of the Mining Regulations 1981 as at 21 Jul 2000 (includes amendments listed

above)





(No. 6) 2000

15 Dec 2000

p. 7219-24

16 Dec 2000 (see r. 2 and Gazette

15 Dec 2000 p. 7201)


(No. 7) 2000

5 Jan 2001

p. 125

5 Jan 2001


p. 704-11

3 Feb 2001 (see r. 2 and Gazette

2 Feb 2001 p. 697)


(No. 2) 2001

2 Feb 2001

p. 711-14

2 Feb 2001


(No. 3) 2001

27 Apr 2001

p. 2202

27 Apr 2001


(No. 4) 2001

3 Aug 2001

p. 3971

3 Aug 2001


(No. 5) 2001

17 Aug 2001

p. 4347

17 Aug 2001

Corporations (Consequential

Amendments) Regulations 2001 Pt. 8

28 Sep 2001

p. 5353-8

15 Jul 2001 (see r. 2 and Cwlth

Gazette 13 Jul 2001 No. S285)


(No. 6) 2001 7

14 Dec 2001

p. 6403-8

1 Jan 2002 (see r. 2)


p. 606-8

23 Apr 2002 (see r. 2 and Gazette

21 May 2002 p. 2600)


(No. 4) 2002

28 Jun 2002

p. 3087-9

1 Jul 2002 (see r. 2)


(No. 2) 2002

23 Jul 2002

p. 3425

23 Jul 2002

Reprint of the Mining Regulations 1981 as at 25 Jul 2002 (includes amendments listed

above)


(No. 3) 2002

27 Aug 2002

p. 4356-7

1 Jan 2003 (see r. 2)


(No. 7) 2002 8

13 Dec 2002

p. 5803-6

1 Jan 2003 (see r. 2)


(No. 5) 2002

17 Jan 2003

p. 105-9

18 Jan 2003 (see r. 2 and Gazette

17 Jan 2003 p. 105)


(No. 6) 2002

17 Jan 2003

p. 109-14

17 Jan 2003


p. 2241-3

1 Jul 2003 (see r. 2)


(No. 2) 2003

15 Aug 2003

p. 3693-4

15 Aug 2003





(No. 2) 2004

25 Jun 2004

p. 2243-5

1 Jul 2004 (see r. 2)

Reprint 5: The Mining Regulations 1981 as at 16 Jul 2004 (includes amendments listed

above)


(No. 3) 2004

20 Aug 2004

p. 3619-21

1 Jul 2005 (see r. 2)


(No. 5) 2004 9

28 Jan 2005

p. 360-2

1 Jul 2005 (see r. 2)


(No. 3) 2005

20 May 2005

p. 2159

1 Jul 2005 (see r. 2)


(No. 4) 2005

24 Jun 2005

p. 2769-71

1 Jul 2005 (see r. 2)


(No. 3) 2006

3 Feb 2006

p. 519-28

11 Feb 2006 (see r. 2)


(No. 2) 2006 10

3 Feb 2006

p. 573-605

10 Feb 2006 (see r. 2)


p. 622-3

7 Feb 2006


(No. 4) 2006

4 Apr 2006

p. 1409

4 Apr 2006

2 The Mining Amendment Act 1990 was operative 28 June 1991.

3 The Mining Amendment Act 1993 s. 28 was operative 1 July 1994.

4 Under the Alteration of Statutory Designations Order 2003, a reference in any law

to the Department of Mines or to the Department of Minerals and Energy is,

unless the contrary intention appears, to be read and construed as a reference to the

Department of Industry and Resources. 5 Under the Alterations of Statutory Designations Order (No. 3) 2001 a reference in

any law to the Aboriginal Affairs Department is, unless the contrary intention

appears, to be read and construed as a reference to the Department of Indigenous

Affairs. 6 Repealed by the Mining Act 1978.

7 The Mining Amendment Regulations (No. 6) 2001 r. 13 reads as follows:

“ 13. Saving

Despite the amendments effected by these regulations, the Mining

Regulations 1981 as in force immediately before the

commencement of these regulations continue to apply in relation

to the determination and payment of, and returns in respect of,



royalties for minerals first sold, transferred or otherwise disposed

of before that commencement.

”. 8 The Mining Amendment Regulations (No. 7) 2002 r. 6(2) reads as follows:

“

(2) Despite the repeal effected by subregulation (1), regulation 85A of

the Mining Regulations 1981 as in force immediately before the

commencement of these regulations continues to apply in relation

to the month of December 2002.

”. 9 The Mining Amendment Regulations (No. 5) 2004 r. 4(2) reads as follows:

“

(2) Despite the amendment effected by subregulation (1), the Table to

regulation 86 of the Mining Regulations 1981 as in force

immediately before the commencement of these regulations

continues to apply for the purpose of determining the rate of

royalty payable for ilmenite produced before that commencement.

”. 10

The Mining Amendment Regulations (No. 2) 2006 r. 10(7) and (8) reads as

follows:

“

(7) Despite the amendments made by this regulation, where, in

relation to an existing licence, the commencement day is a day

other than the anniversary date of the commencement of the term

of the existing licence, regulation 21 of the Mining

Regulations 1981 as in force immediately before the

commencement day continues to apply for the purpose of

determining the expenditure required for the year of the term of

the existing licence in which the commencement day falls.

(8) In subregulation (7) —

“commencement day” means the day on which these regulations

come into operation;

“existing licence” means an exploration licence in force under the

Act on the day on which these regulations come into

operation.

”.

Mining Regulations 1981 - legislation.wa.gov.au

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